Olartemoure Blog

FEBRUARY 3, 2023

La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52

JD Supra Law

JUNE 7, 2024

In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user. By: AEON Law

Trademark 112

Trademark Trademark Law Patent Law 112

JD Supra Law

OCTOBER 4, 2022

Similar treaties already exist in the area of Patents (Patent Law Treaty of 2000) and Trademarks (Trademark Law Treaty of 1994 and Singapore Treaty on the Law of Trademarks of 2006). By: AEON Law

Design 98

Design Designs Law Intellectual Property 98

Patently-O

MARCH 12, 2025

March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law.

Trademark 66

Trademark Registration Branding Branding 66

Patently-O

NOVEMBER 29, 2021

This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. Brittex Financial v. Dollar Financial ( Fed.

Trademark Law 80

Trademark Law Trademark Law Registration 80

IIPRD

JANUARY 7, 2025

PATENTS The arena of patents has evolved with time, and in contemporary times, the scope of subject matter that is patentable has also evolved, which in turn has modified the requirements of patents. As contemporary technology has developed, the patent system has faced fresh difficulties.

IP 98

IP Intellectual Property Invention Inventor 98

The IPKat

MARCH 4, 2025

Patents and SPCs Rose Hughes reviewed the capabilities and limitations of AI-powered software designed to assist in patent drafting. Oliver Fairhurst covered a legal case involving Illiquidx and Altana, focusing on a dispute concerning breach of confidence and patent rights. IPKat's Weekly Legal Digest: Don't Miss Out!

Designs 64

Designs Design Patent Drafting Fair Use 64

Patently-O

AUGUST 10, 2021

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored Nicholson Price (Michigan Law), David Hyman (Georgetown Law), and Mark Ratain (Chicago Med)). Generally the patent system has treated this is a FDA regulatory problem.

Patent 101

Patent Public Domain Marketing Marketing 101

IP and Legal Filings

SEPTEMBER 16, 2021

Although the Community Trademark Office first rejected the application since the mark cannot be graphically represented as per Article 4 of the Community Trademark Regulation in the EU legislation, the applicants challenged the Trademark office’s decision. Smell marks and Indian trademark laws.

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP Intelligence

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark abroad only if that use is likely to cause confusion in the United States.”

Trademark Law 52

Trademark Law Trademark Law Patent Law 52

LexBlog IP

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark law, allowing U.S. trademark law, allowing U.S.

Trademark Law 52

Trademark Law Trademark Law Patent Law 52

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

Trademark 104

Trademark Branding Branding Brands 104

JD Supra Law

JUNE 14, 2023

The Trademark Trial and Appeal Board (TTAB) decided the case of Yuzu Labs Public Benefit Corporation, 2017 WL 3102592. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). By: Whitcomb Selinsky, PC

Trademark Law 52

Trademark Law Trademark Law Patent 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2022

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property and Litigation – Patent in U.S. News & World Report – Best Lawyers “Best Law Firms” 2023 edition. Litigation – Patent . Patent Law . Technology Law .

Intellectual Property 80

Intellectual Property Litigation Editing Law 80

IPilogue

MARCH 23, 2022

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Performing trademark searches.

IP 129

IP Patent Prosecution Intellectual Property Inventor 129

Managing IP

JUNE 9, 2021

Gang Hu of CCPIT Patent and Trademark Law Office discusses the Economic and Trade Agreement between China and the US regarding the protection of geographical indications

Trademark Law 97

Trademark Law Trademark Law Patent 97

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Traffix may work to shove a bunch of subject matter into patent.

Trademark Law 75

Trademark Law Law Trademark Registration 75

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

Government 105

Government Trademark Patent Patent Application 105

IP Watchdog

JULY 26, 2021

This week in Washington IP news, the Senate Judiciary Committee will consider a series of bills that could limit pharmaceutical patent owners’ ability to enforce their patents against generic drug makers. trademark law this Tuesday. .

Technology 98

Technology IP Trademark Law Trademark 98

IP Watchdog

MARCH 20, 2023

Elsewhere, the Hudson Institute is holding an event one day before the Supreme Court hears oral arguments in a case that could have big implications for trademark law. In the House, the Committee on Foreign Affairs will hear from Secretary of State Antony Blinken on competition with China.

Trademark Law 52

Trademark Law IP Trademark Law 52

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

Design 119

Design Designs Intellectual Property Licensing 119

Patently-O

JUNE 29, 2022

A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. law that trademark rights in the US require that the mark be used in the US.

Trademark 121

Trademark Trademark Law Brands Branding 121

Intepat

MARCH 25, 2025

Currently, most jurisdictions apply the Sieckmann Seven-Fold Test to assess whether unconventional marks , including smells, should be granted trademark protection. Deutsches Patent-und Markenamt and evaluates factors such as clarity, precision, objectivity, and intelligibility in the graphical representation of a mark.

Copying 59

Copying Branding Branding Brands 59

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

IP 133

IP Branding Brands Branding 133

Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

Registration 128

Registration Trademark Social Media Music 128

Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

The TTABlog

MARCH 7, 2022

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer."

Trademark Law 40

Trademark Law Law Trademark Registration 40

IPilogue

AUGUST 25, 2022

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Assisting with various steps in the patent prosecution process (i.e.:

IP 105

IP Patent Prosecution Intellectual Property Inventor 105

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

SpicyIP

AUGUST 27, 2021

This essay re-emphasises Section 3(b) exclusions of the Indian Patents Act regarding inventions which cause ‘serious prejudice’ to the environment, in the context of the climate crisis that humanity is facing today. This is achieved by understanding the parallels between publicity right and trademark law.

Law 136

Law IP Editing Intellectual Property 136

43(B)log

FEBRUARY 24, 2022

Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.

Law 94

Law Trademark Law Registration Trademark 94

IP and Legal Filings

OCTOBER 28, 2022

Patent: Blockchain-related inventions can be protected as patents. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. It allowed the appeal and remanded the matter back to the Controller.

Trademark 105

Trademark Cease and Desist Music Copyright 105

Intepat

MARCH 13, 2025

The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law. Trademarking of a building s design is a significant step in branding and marketing.

IP 52

IP Designs Design Artistic Work 52

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

Design Patent 72

Design Patent Patent Infringement Design Designs 72

JD Supra Law

JULY 7, 2023

That is, punitive damages may be applied to intentional infringement and serious patent infringement. That is, punitive damages may be applied to intentional infringement and serious patent infringement. By: Linda Liu & Partners

Patent Infringement 52

Patent Infringement Intellectual Property Patent Trademark Law 52