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 113

Trademark Trademark Law Patent Law 113

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. The concept of unconventional trademarks has a relatively short history.

Trademark 52

Trademark Intellectual Property Branding Branding 52

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. 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.

Trademark 121

Trademark Trademark Law Branding Branding 121

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

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.

Registration 128

Registration Trademark Social Media Designs 128

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.

Registration 162

Registration Trademark Intellectual Property Intellectual Property Law 162

Patently-O

MARCH 22, 2023

by Dennis Crouch The Supreme Court held oral arguments on March 21, 2023 in the international trademark case of Abitron Austria GmbH v. and will be holding arguments on March 22, 2023 in the whisky dog toy trademark case of Jack Daniel’s Property v. Hetronic International, Inc. VIP Products. Image above). Although U.S.

Trademark Law 78

Trademark Law Trademark Law Contracts 78

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. 5 perfume bottle. T 862/19 ). This claim, too, was unsuccessful.

Trademark 138

Trademark Registration Marketing Marketing 138

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

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

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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 Brands Branding 104

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

Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. Patent Office Action deadlines are extendable. And, until recently, trademark Office Action deadlines were not extendable. Things change.

Trademark 98

Trademark Blogging Registration Trademark Law 98

The IPKat

FEBRUARY 14, 2025

Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.

Intellectual Property Law 78

Intellectual Property Law Intellectual Property Editing Trademark Law 78

IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

Trademark 95

Trademark Registration Trademark Law Law 95

Erik K Pelton

SEPTEMBER 4, 2020

There’s been quite a lot of chatter, over the last few years, about how AI might affect trademark practice and trademark law and all different types of legal industries. When I file a new trademark application, many things go into it. All of these things go into all of the trademark work.

Trademark 130

Trademark Art Trademark Law Law 130

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. The Court noted the expiration of the license and the respondents’ registered trademark rights.

Trademark 105

Trademark Cease and Desist Music Copyright 105

IP and Legal Filings

NOVEMBER 2, 2021

The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’ The Federal Supreme Court rules that the German Olympic Protection Act provides special trademark protection for Olympia.

Trademark 98

Trademark Patent Trademark Law Advertising 98

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.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

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

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.

Trademark 105

Trademark Branding Branding Brands 105

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.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

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

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

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

Designs 98

Designs Design Law Intellectual Property 98

IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

Trademark 105

Trademark Registration Technology Trademark Law 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.

Trademark 105

Trademark Registration Branding Branding 105

The IPKat

MAY 11, 2024

obtained a US plant patent ( No. You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’. Why does the patent use a different name from the registered trademark? The producers of this luxury fruit, Fresh Del Monte Produce Inc.,

Trademark 111

Trademark Registering Trademarks Marketing Marketing 111

IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws. [Image Source: gettyimages].

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

Trademark 105

Trademark Intellectual Property Branding Branding 105

Intepat

MARCH 25, 2025

CURRENT LEGAL LANDSCAPE OF PERFUME PROTECTION The trademarking of scents is not unheard of, and various jurisdictions have granted trademark protection to scent marks. Most notably, in 2018, the Hasbro toy company registered the distinctive smell of their toy Play-Doh as a scent trademark. The test was developed in Sieckmann v.

Copying 59

Copying Branding Branding Brands 59

Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. But trademarks are not mentioned in that foundational document.

Trademark 98

Trademark Government Copyright Service Mark 98

IP and Legal Filings

JULY 11, 2024

INTRODUCTION The time it can take to register a trademark can therefore take longer depending on several factors such as the jurisdiction to which it was processed, the materials that have been included in the application as well as whether there are opposing voices or objections prevailing over the trademark.

Registration 98

Registration Trademark Reporting Government 98

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.

Business 130

Business Trademark Registration Inventor 130

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

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