IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

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IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). academics with expertise in trademark law. FN: Although the INFORM Act does not address directly trademark law, its provisions partially overlap with the SHOP SAFE Act.

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Trademark Trademark Law Law Blogging 144

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. A landmark case was the U.S. registration of NBC’s chimes.

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The IPKat

JANUARY 27, 2022

On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market.

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Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

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Trademark Trademark Law Branding Branding 121

IP and Legal Filings

FEBRUARY 17, 2025

The Indian sports market, especially is a ground for rapid growth, with a die-hard fan base, and an ever-growing hunger for more, the market of sports is at the top of its game. Almost every facet of the sports industry is now being tapped into and marketed and Intellectual Property are valuable assets for these marketing tactics.

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Intellectual Property Law Intellectual Property Law IP 90

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law.

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Branding Branding Brands Trademark 59

IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

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Trademark Branding Branding Brands 52

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? It avoids possibilities of varied findings in civil and rectification proceedings.

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Trademark Registration Litigation Trademark Law 52

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. CURRENT LEGAL LANDSCAPE OF PERFUME PROTECTION The trademarking of scents is not unheard of, and various jurisdictions have granted trademark protection to scent marks. billion in 2025.

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Copying Branding Branding Brands 59

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” They can keep their logo trademark). ” Say what? ” Uh oh. ” UGH.

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Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Designs 128

Erik K Pelton

APRIL 14, 2021

Erik speaks to local middle school students about what practicing trademark law is about, how he got to this point in his career, and why he enjoys doing this work. Erik shares some fun trademark tidbits and explains to the future entrepreneurs why communication, analysis, and marketing are three pillars to his long-term success.

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Trademark Trademark Law Marketing Marketing 100

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5

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Marketing Marketing Trademark Registration 98

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

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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Nelligan Law

FEBRUARY 21, 2025

Kleindienst, best known for developing The Heart of Europe, a $5 billion luxury resort complex on six man-made islands off the coast of Dubai, has taken an interest in Bondnot as a villain in a future film, but as a party in a trademark dispute. Trademark law, of course, has its own brand of international intrigue. The horror.

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Trademark Cease and Desist Intellectual Property Branding 52

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) v] Thus, the market for counterfeit sports apparel in the United States is quite large.

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Marketing Marketing Licensing Trademark Law 98

JD Supra Law

SEPTEMBER 1, 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. New Rules Allow for Suspension of Trademark Review. In this issue: - How to Lose a Mark in 3 Ways – Part 3: Naked Licensing - Happy To Wait! In this issue: - How to Lose a Mark in 3 Ways – Part 3: Naked Licensing - Happy To Wait!

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Marketing Marketing Trademark Law Licensing 82

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

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Trademark Registration Branding Branding 105

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

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IP Advertising Advertising Trademark Law 141

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

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Trademark Branding Branding Brands 105

SpicyIP

NOVEMBER 18, 2024

Highlights of the Week Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Anything we are missing out on?

Trademark 105

Trademark Cease and Desist Music Copyright 105

Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

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Trademark Registration Branding Branding 105

The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

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Trademark Registering Trademarks Marketing Marketing 111

IP and Legal Filings

SEPTEMBER 10, 2024

Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The process of filing for a trademark can be complex and making mistakes while filing can lead to delays or rejections.

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Trademark Cease and Desist Branding Branding 96

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

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Trademark Marketing Marketing Trademark Law 126

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

Trademark 98

Trademark Trademark Law Law Advertising 98

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Trademark Social Media Advertising Advertising 98

JD Supra Law

DECEMBER 1, 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. In this issue: - "Say What Again?":

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Marketing Marketing Trademark Law Patent Infringement 72

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

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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Trademark Intellectual Property Registration Designs 105

Olartemoure Blog

FEBRUARY 28, 2023

As we humans push the boundaries of exploration and commerce in outer space, it’s important to understand the laws and regulations that govern the use of trademarks in this new frontier. This infographic will provide a quick overview of the current state of trademark protection in outer space. What is a trademark?

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Trademark Intellectual Property Government Trademark Law 98

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. But then came Raman Kwatra v. It claimed to have used the mark since 1954.

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Trademark Registration Trademark Law Law 119