article thumbnail

Trademark Refusal & Copyright Registration Differences

IP and Legal Filings

INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.

article thumbnail

Minority Owners of a Trademark Registrant, Who neither Use nor Possess Ownership Rights in the Mark, Cannot Seek Cancellation of Third-Party Trademark Registrations Based on Likelihood of Confusion

JD Supra Law

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. By: Knobbe Martens

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Trademark Lessons from a Swiftie

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. And a trademark application has a lot of elements that go into it: the drawing, the description of goods and services, the dates of use, the evidence of use, the ownership. In trademarks, creativity is also an essential key.

Trademark 130
article thumbnail

Copyright Registration: Who, What, When, Where, and Why

Erik K Pelton

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. I want to apply that to copyright registration Who can register a copyright? What is a copyright registration? A copyright registration is a certificate.

article thumbnail

Can U.S. Trademark Registrations Be Strengthened Against Invalidation?

LexBlog IP

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation?

article thumbnail

High Ratio of U.S. Trademark Registrations to Assets Increases Annual Value

IP Watchdog

Brands — legally protected as trademarks — have value. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. We all understand that intuitively.

Trademark 123
article thumbnail

Trademark Registrations: The Principal Register vs. Supplemental Register

Above the Fold

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.