IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. In this case, the copyright office allowed registration. The basis for registration is not specified. The procedure is a correction proceeding in court to cancel the registration. A troubling dilemma.

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Registration Art Copyright Artwork 98

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 97

IP and Legal Filings

JULY 11, 2024

If the examiner has certain concerns about the registrability of the proposed mark, or overlaps of the mark with any of the existing registered marks, which can possibly create confusion, then, the examiner may publish an office action. Depending on the complexity and the volume of work, it can take several months up to couple of years.

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IP and Legal Filings

FEBRUARY 20, 2023

[Image Sources : Shutterstock] Icann Rules According to the ICANN rules, the domain name registrant is required to comply with all the standards, requirements, procedures and practices when entering into a Domain Name Registration Agreement with the Domain Name Registrar. Schechter, The Rational Basis of Trademark Protection, 40 HARV.

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Trademark Registering Trademarks Registration Trademark Law 98

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). Others refer to the symbol as “ILY,” and Emojipedia refers to it as the “Love-You Gesture.”

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Registration Trademark IP Advertising 98

Velocity of Content

MARCH 23, 2023

Concomitantly with announcing the overall initiative, the Office released new registration guidance on how to handle registration of works that include material generated by AI-technology. In short, for anyone handling copyright registration applications that involve an AI aspect, it’s a must read. The guidance notes that U.S.

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Registration Copyright Copyright Law Law 95

43(B)log

DECEMBER 11, 2024

Ghost Adventures owns incontestable trademark registrations for both the name Lizzie Borden for hotel and restaurant services and for a realistic hatchet logo displaying a notched blade (a reference to the implement that allegedly killed Bordens parents).

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Registration Business Trademark Marketing 94

The TTABlog

JUNE 10, 2024

In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." See Embarcadero Techs., RStudio, Inc. 2013 WL 2365029, at *2 (TTAB 2013). Issue Preclusion?:

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Registration Litigation Brands Branding 99

The IPKat

MAY 3, 2023

Rebekah Vardy, wife of football player Jamie Vardy , has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Given this, there’s something a little disconcerting about the (perfectly legal) registration of the WAGATHA CHRISTIE mark. Why is this noteworthy? The libel trial ensued.

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Registration Trademark Licensing Litigation 92

Plagiarism Today

JANUARY 24, 2022

It’s broken apart into multiple sections but, in the most broad terms includes the following: What Works Are Protected by Copyright What Those Protections Include and Don’t Include Who the Copyright Holder Is How Long Copyrights Lasts What One Can do With a Copyright-Protected Work Basics of Copyright Registration. perspective.

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Copyright Public Domain Registration Plagiarism 239

Technology & Marketing Law Blog

JANUARY 9, 2022

A recap of emoji law developments in 2021: Court References. I maintain a dataset of US court opinions that reference emojis and emoticons. Most case references are merely that–the court simply notes the presence of a symbol as part of reciting evidence in the case. Footnote: courts sometimes clearly mislabel the symbol.

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Law Registration Settlement Litigation 145

The IPKat

MAY 12, 2024

The Earlier Decisions Duca di Salaparuta brought the action against several other wineries, as well as the representative body (the Consorzio di tutela dei vini DOC Salaparuta) and the Ministry of Agricultural, Food and Forestry Policies (which granted the national registration). Article 14.3 of Regulation (EEC) No 2081/9 ).

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Registration Branding Brands Branding 67

The TTABlog

JULY 29, 2024

The Board denied a petiton for cancellation of a registration for the mark shown below, for various clothing items, rejecting Petitioner Paradise Holdings' likelihood of confusion claim because Paradise failed to prove priority. 1057(e), a registration may be amended “for good cause.” Neo Nyc inc , Cancellation No. Welch 2024.

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Registration Trademark Copyright 69

Cogency Global

MAY 16, 2024

What this means : The number of states that do require charitable solicitation registration varies in some circumstances, usually depending on the type of organization and sometimes you’ll find conflicting information when searching for the exact states where this is required.

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Registration 103

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The invitation conveyed could also refer to a variety of five different types or flavours sold in one pack. Recap: Are slogans treated differently than other types of marks?

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Registration Advertising Advertising Reporting 113

The IPKat

JUNE 2, 2024

After it was referred back in 2021, a few days ago the Grand Board of the European Union Intellectual Property Office finally issued its long-awaited decision concerning an application to register the figurative sign ‘COVIDIOT’ (below) as an EU trade mark for the following goods: Class 6: Metal clips. Class 28: Board games; Toys.

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Registration Intellectual Property Law Copyright 116

The TTABlog

AUGUST 13, 2024

Look Cycle, owner of the mark LOOK for bicycles and bicycle parts, petitioned to cancel a registration for the mark BLOOKE for bicycles, parts, and accessories, alleging likelihood of confusion, nonuse, and fraud. Pronunciation is like what patent lawyers refer to as a nose of wax - selectively twistable - id. ]. Unlikely - ed.

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Registration Blogging Law Copyright 64

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

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Social Media Registration Intellectual Property Ownership 137

The IPKat

JULY 28, 2022

The case also had an instalment before the Court of Justice of the European Union ( C-371/18 ), which was asked to provide guidance on the requirements of clarity and precision in trade mark law and the scope of the absolute ground for refusal/invalidity concerning bad faith [IPKat here ].

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Registration IP Law 138

Erik K Pelton

OCTOBER 16, 2023

Once you apply for a trademark at the USPTO, there are numerous grounds on which your mark can be refused registration, one of which is a claim that your mark is generic. Generic words typically refer specifically to a particular good or service, or a class of goods or services.

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Trademark Editing Registration Branding 130

IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The successful registrations include Apple’s own marks like SMART COVER, SMART CASE, SMART CONNECTOR, and SMART FOLIO. Generics cannot have trademark protection.

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Trademark Registration Technology Trademark Law 105

SpicyIP

NOVEMBER 8, 2022

Due to the nature of the shape mark, it must pass the hurdle of distinctiveness [as per Section 9(1)(a)] to be registrable. For trade mark registration of the shape of a product, the same can only be granted if it has acquired a secondary meaning.’ Section 18 of the Act permits the registration of a mark which is proposed to be used.

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Registration Trademark Intellectual Property Law Law 133

IP and Legal Filings

JULY 9, 2024

This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. This refers to the shape of packaging and or the physical shape and form of the product, where this forms part of identification of the source.

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Trademark Registration Branding Brands 98

The IPKat

MARCH 20, 2023

The applicant appealed, arguing that the applications referred not to virtual goods but to physical goods in the real world. It held that the term ‘METAVERSE’ refers to a virtual space. Both words only refer to an online space, be it a three-dimensional virtual world or a more ‘traditional website’.

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Television Registration Licensing IP 135

Patently-O

OCTOBER 8, 2021

In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration. by Dennis Crouch. Petition ].

Trademark 136

Trademark Registering Trademarks Licensing Design Patent 136

The IPKat

JANUARY 8, 2024

7(1)(g) EUTMR prohibits the registration of trade marks, which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services. According to Myforest, it refers to 'mycelium' and ‘myco’, a prefix meaning ‘fungi’. Background Myforest Foods Co.

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Art Registration Law Licensing 116

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

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Artwork Copyright Registration Public Domain 122

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 121

IP and Legal Filings

JULY 13, 2024

Introduction In this blog I will discuss the registration obstacles for non-conventional marks in India and in the UK. In addition, I will compare the current approaches and conclude with a discussion on whether the law should be more inclusive of non-conventional marks and approve their registration.

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Registration Trademark Law Trademark Law 94

SpicyIP

NOVEMBER 12, 2024

The registration of trade unions is governed by the Trade Unions Act 1926, a pre-colonial legislation. Section 5 deals with the application for registration of a trade union wherein it states, it will include “ the name of the trade union and the address of its head office”. His previous posts can be accessed here. The Delhi H.C.’s

Trademark 104

Trademark Registration Intellectual Property Trademark Law 104

The IPKat

APRIL 4, 2023

designated the EU in its International Registration F **G AWESOME , which was based on three registered US trade marks (serial nos. The International Registration covers various goods in classes 9, 18, 25, and 28, including eyewear, different types of bags, clothing and skateboards. Background The applicant, FA World Entertainment Inc.,

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Advertising Advertising Art Registration 96

IP and Legal Filings

JANUARY 27, 2023

In India, Section 47 [iii] of the Trademarks Act defines two situations under which a registered trademark may be revoked: If it can be shown that the trademark was registered without a bona fide purpose to use it, the registration will be invalidated. This is also known as the removal of a trademark from the registry for lack of usage.

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Trademark Registering Trademarks Registration Intellectual Property 97

SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md.

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Trademark Registration Reporting Marketing 118

JD Supra Law

DECEMBER 5, 2024

The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design patent protection in China. By: Linda Liu & Partners

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Design Patent Design Designs Patent 66

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

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Registration Advertising Advertising Law 134

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. In 1989, the United States Patent and Trademark Office (USPTO) granted the registration with Registration no. 1572589 under Class-43 in favor of Taco John’s.

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Registration Trademark Business IP 98

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. The Copyright Review Board is the Copyright Office’s internal administrative review process for the registration decisions of individual copyright examiners. The examiner denied the registrations. copyright law.

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