Intellectual Property Law Blog

NOVEMBER 8, 2023

the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No.

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Registration Trademark Litigation Law 264

Erik K Pelton

DECEMBER 9, 2022

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. Offense – goal scoring and attacking: litigating as needed to protect the brand.

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Cease and Desist Trademark Registration Branding 147

Above the Fold

MARCH 31, 2022

The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. Provides the right to use the ® registered trademark symbol in conjunction with the trademark. Serves as a basis for filing a trademark infringement lawsuit in federal court.

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Registration Trademark Registering Trademarks Ownership 98

Erik K Pelton

AUGUST 14, 2023

The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. The post 500 hundred trademark videos on erikpelton.tv We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv !

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Trademark Registration Litigation 130

Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Strong candidates will have coursework or other experience in the field of trademarks and intellectual property. Applications will be accepted through January 24, 2022.

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Intellectual Property Intellectual Property Law Trademark Registration 231

IP and Legal Filings

MARCH 11, 2025

Trademarks are not just marks or labels, they carry value and encourage commerce and signifies credibility and quality in the market. But what happens, however, when these trademarks become the focus point of contingent legal battles? An individual who has a right to be aggrieved can go for cancellation of the registration in person.

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Trademark Registration Litigation Trademark Law 52

IP Watchdog

NOVEMBER 13, 2024

The Court of Appeal's decision had come as a relief to trademark applicants and owners whose registrations included broad specifications in the UK, but today’s decision revives uncertainty and has been dubbed a “shock” ruling by UK legal media.

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Registration Trademark Marketing Marketing 40

Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

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Trademark Registration Litigation Blogging 98

The IPKat

MAY 3, 2023

Rebekah Vardy, wife of football player Jamie Vardy , has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Given this, there’s something a little disconcerting about the (perfectly legal) registration of the WAGATHA CHRISTIE mark. Why is this noteworthy? The libel trial ensued.

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Registration Trademark Licensing Litigation 92

IP Watchdog

JANUARY 6, 2025

In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality. Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity.

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Trademark Branding Branding Brands 52

Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. Brew Shop , but the question before the Supreme Court focuses on Brewery’s opposition to Brew Shop’s multi-class trademark registration application. by Dennis Crouch. Petition ].

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Trademark Registration Marketing Marketing 128

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” has trademark registrations in a popular dictionary word, “Emoji.” GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog.

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Trademark Fair Use Settlement Blogging 145

SpicyIP

MARCH 27, 2023

The first point is the court’s remark that registration of the design stands as a factor in the registrant’s favour as prima facie evidence of the validity of the design. Apparently, the plaintiff attempted to register it but the registration did not happen.

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Designs Design Registration Art 119

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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Cease and Desist Trademark Litigation Intellectual Property 98

Patent Trademark Blog

JANUARY 26, 2023

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. These costs, however, should pale in comparison to the costs of litigation.

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Trademark Registration Registering Trademarks Blogging 97

The TTABlog

JUNE 10, 2024

In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." The doctrine of issue preclusion does not bar litigation of these issues.

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Registration Litigation Branding Branding 99

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 98

Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.

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SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 103

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

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Trademark Branding Branding Brands 98

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

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Law Intellectual Property Intellectual Property Law Trademark 162

IP Watchdog

APRIL 2, 2024

affirming a lower court’s ruling that canceled trademark applications pending at the U.S. Patent and Trademark Office (USPTO). The Ninth Circuit panel majority determined that the district court had statutory authority to invalidate a trademark application for no bona fide intent to use over a dissent authored by U.S.

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Trademark Registration Patent Intellectual Property 105

Erik K Pelton

JULY 28, 2020

A few weeks ago, the USPTO published a Notice of Proposed Rulemaking to adjust fees for trademark filings. According to a 2013 report from WIPO, small and medium-sized enterprises rely on trademarks much more than patents. Just a few quarters ago, the USPTO touted that the trademark division had a growing surplus.

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Trademark Business Social Media Reporting 130

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” The court says it.

Trademark 124

Trademark Fair Use Registration Licensing 124

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration. But is it really that big of a deal?

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Trademark Registration Intellectual Property Television 97

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

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Trademark Fair Use Trademark Law Branding 133

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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Trademark Non-Fungible Tokens Branding Branding 98

IP Watchdog

FEBRUARY 2, 2022

Court of Appeals for the Federal Circuit ruled earlier today that a stylized form of the trademark for the.SUCKS domain name failed to create a “separate commercial impression” warranting registration by the U.S. Patent and Trademark Office (USPTO). Vox Populi Registry Ltd.

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Registration Trademark Patent Intellectual Property 80

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. Pelton & Associates, PLLC Regarding “Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule” The following are comments provided by Erik M.

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Business Trademark Registration Inventor 130

SpicyIP

APRIL 26, 2023

Image from here Riddle me this, what is something that, despite cited similar marks, helps you get a trademark right; But is not relevant later unless the cited mark puts up a fight? observed that “ Post grant of registration of the mark ZEN, neither the Examination Report dated … nor the plaintiff’s reply are relevant documents….

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Trademark Registration Litigation Reporting 104

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. The post Trademark Infringement Get So “Lucky” first appeared on IPLF.

Trademark 105

Trademark Branding Branding Brands 105

Copyright Lately

OCTOBER 20, 2024

But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. Skiplagged’s disclosures about “hidden city” ticketing.

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Copyright Fair Use Social Media Business 83

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 105

Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Registration Business Trademark Reporting 147

SpicyIP

AUGUST 30, 2024

The case involved the trademark “Solidare” (Trademark No. For instance, in Roland Corporation vs Mr Sandeep Jain (2021) , the rectification petition was filed after the counterclaim was filed for confusion of trademarks. 1574746 in Class 9). is ongoing and the party makes an application for rectification thereafter.

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Trademark Registration Intellectual Property Copying 105

JD Supra Law

SEPTEMBER 28, 2023

The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks. In other words, about half of all trademark applications will be rejected or. By: Linda Liu & Partners

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Registering Trademarks Trademark Registration Intellectual Property 70