Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

IP Intelligence

JANUARY 1, 2024

Recently, the fraudulent scammers have become more sophisticated with their solicitations by claiming to be attorneys or law firms with expertise in trademark law. They are targeting both new application filers and established companies with registered trademarks.

Trademark 59

Trademark Registration Branding Brands 59

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership.

Business 52

Business Trademark Registration Cease and Desist 52

IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. The concept of passing off under trademarks law was used to provide relief to the plaintiff. Entertainment v. Entertainment Pvt. In Amitabh Bhachchan v.

Personality Rights 85

Personality Rights Intellectual Property Social Media Intellectual Property Law 85

Patent Trademark Blog

APRIL 28, 2022

In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights. Why bother registering a trademark?

Trademark 52

Trademark Law Cease and Desist Registration 52

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Restrictions on Trademark Assignment.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. It certainly is not the way you “get” a trademark. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public.

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Trademark Registration Trademark Law Business 49

IP and Legal Filings

MAY 17, 2022

As a part of our comprehensive service, we conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. Request for Preliminary trademark examination.

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Registration Trademark Trademark Law Publishing 52

43(B)log

APRIL 29, 2022

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. False advertising law has a much more structured way of accounting for implications than trademark law does. Because of Dr. Hawrych’s association, Von Berg incorporated the acronym ‘M.D.’

False Advertising 45

False Advertising Advertising Advertising Registering Trademarks 45

SpicyIP

AUGUST 26, 2024

Conversely, in the present case, the Court has squarely conferred the plaintiff, being the makers of the sitcom, with ownership rights over the infringed characters’ personalities, a divergence which has the potential to raise future litigative conflicts, between actors and production houses, in similar matters.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

The TTABlog

MAY 28, 2024

The causation requirement was satisfied because "[t]he allegedly unlawful registrations of Appellees’ marks cause a diminishment of value in Appellant’s Hobbs Winery ownership interest." And "there can be no doubt that Appellant’s injury would be redressed by a favorable decision." While Appellant, who, after all, owns up to 21.6%

Registering Trademarks 45

Registering Trademarks Registration Trademark Ownership 45

IP and Legal Filings

FEBRUARY 16, 2023

Once the mark is registered under trademark act, the mark then gives the proprietor some rights to enjoy with the trademark repetitively and liabilities to maintain so that the proprietor doesn’t lose the ownership. The owner’s mark may be struck off the register if they fail to prove the usage of the mark.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

Trademark 52

Trademark Registration Branding Brands 52

Garrigues Blog

JULY 6, 2021

Thus, in Spain the owner of a registered trademark may initiate legal proceedings for trademark infringement , as provided for in article 34 of the Trademark Law. since it has a different extension, without the defendant having any possibility of prohibiting it, much less of claiming its ownership.

Brands 52

Brands Branding Branding Registration 52

Corsearch

AUGUST 16, 2023

Should an imitator attempt to steal your thunder, a registered copyright can assist you in seeking statutory damages and attorney’s fees in court. Moreover, copyright registration provides undeniable proof of ownership, making it easier to establish your rights in any legal dispute. Do you need to register your trademark?

Trademark 52

Trademark Copyright Brands Branding 52

Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

Trademark 52

Trademark Non-Fungible Tokens IP Brands 52

Garrigues Blog

JULY 10, 2023

The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization. In other words, it could be said that it is the first commandment of trademark law.

Trademark 40

Trademark Registration Registering Trademarks Intellectual Property 40

azrights

OCTOBER 18, 2021

Although it isn’t necessary in the UK and USA to register a trademark in order to use a name, you’re in a very vulnerable position if you don’t register a trademark. No amount of protection will help you if the choice of name is a poor one or if you rely on brand identifiers that you can’t trademark.

Brands 52

Brands Branding Branding Trademark 52

Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intepat

JUNE 17, 2024

Although there are many well-known marks in the industry, registering marks is a vital process for businesses to safeguard their brand identity and intellectual property and to obtain exclusive rights over them. Trademark law underwent substantial changes, both multilaterally and regionally. Allows payment of one set of fees.

Registration 52

Registration Design Designs Trademark 52

SpicyIP

JANUARY 2, 2022

This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.

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IP Intellectual Property Copyright Trademark 143

Copyright Lately

MAY 1, 2023

That is, in fact, the very nature of sound recording copyright and ownership.” Artists also may own registered trademarks in their names for use as source identifiers. We own all sounds captured on a sound recording. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes.

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Music Copyright Copying Copyright Law 82

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection. The guiding norm in trademark law stipulates that a name or surname lacks eligibility for protection unless it carries distinctive characteristics.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

LexBlog IP

JULY 21, 2021

But just a quick look at the USPTO’s Trademark Electronic Search System (or TESS ) databases reveals many live deistic trademarks include as all or part of a U.S. registered trademarks: Elohim—4. ” Aseri, Commercializing Religion Via Trademarking God, 23 J. ” (at page 9 and 13).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

FEBRUARY 22, 2023

Goliath’ story, Fish IP Law sued Fish & Richardson seeking a judgment that its name and logo do not violate the megafirm’s trademarks and that the big shot firm could not demonstrate a common-law ownership interest in the word ‘Fish’. Tiya Law Library & Ors.

Trademark 98

Trademark Law IP Intellectual Property 98

LexBlog IP

DECEMBER 6, 2021

” As explained above, trademark applications for a single work of authorship are refused eligibility on the trademark register. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§ IP Issues With NFT Trademarks. Trademark names vary in strength. Please note that trademark filing companies (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

43(B)log

OCTOBER 4, 2021

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

DECEMBER 31, 2024

It was alleged that the defendants were commercially utilizing/ misappropriating Shroffs name, his attributes like his voice and images, and his registered trademarks. Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian Trademark Law have finally reached their conclusions!

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IP Invention Patent Copyright 59