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Madrid Protocol provides a simplified mechanism towards even more unifying international registration for trademarks to overcome such hurdles. Renewal and Maintenance- Renewal is required every ten years for international registrations. Operational Mechanism of the Madrid Protocol 1.
The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. In light of the foregoing, the Board decided to stay the proceedings and refer the case to the Grand Board.
The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. I actually heard a friend of mine yesterday refer to it as half-cinated. Trademark registration is like a vaccine to protect your brand from harms and dangers and risks, because when we get vaccinated, we’re boosting our immune system.
This guide explores the process, benefits, and key points about copyright registration in India. Abstract This blog provides complete information to go about the registration for copyright in a systematic manner with due incorporation of all steps required to help creators of the works of art. What is Copyright?
Descriptive or Generic Terms: It is technically possible to register a trademark that is descriptive of the products that they refer to or services that they characterize, or even generic symbols that are familiar to the public. Trademark: should be easily distinguishable and should be enough to point out the origins of the goods or services.
Intellectual Property refers to any intangible asset or property originated from the human intellect. Image Sources: Shutterstock] Key Features: Registration of trademark is mandatory for protection against infringement, but not against passing off. Registration is not mandatory, but recommended.
The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. I wrote in favour of the extension in a submission. This is the result.
Recently, the National Medical Products Administration (NMPA) issued the draft version of 'Implementation Measures for Drug Trial Data Protection (hereinafter referred to as the 'Draft for Comments'), aiming to clarify the registration categories and corresponding regulatory data protection periods for chemical drugs and biologics.
What this is: Refer to this guide to help you determine whether using the Unified Registration Statement (URS) is right for your nonprofit. What this means: The URS is still a very useful, time-saving tool when registering or renewing to solicit.
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.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.
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.”
The application was based on German trade mark registration No 1 119 686 ‘SYMPHONIE’ (word mark) registered in class 33 for “wine; sparkling wine”. To support this, the applicant referred to the Similarity Tool, contending that, according to this tool, win and gin are similar. 003196752 ).
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?:
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.
Paragon Polymer Products Private … vs Sumar Chand Nahar on 7 January, 2025 (Madras High Court) Image from here In an appeal against the Trade Mark Registrys order, the Appellant, a footwear company using the mark Paragon since 1975, opposed the registration of the same word by the respondent for electric motor starters under Class 9.
It finds that, in 2023, there was a 10% increase in visits to pirate IPTV registration pages, with an average of 2.14% of internet users visiting these websites each month. These percentages are hard to interpret without a historical reference. This has long been a gap in the reporting, as MUSO’s data is based on website visits.
The arbitral award dated February 28, 2025 , underscores the importance of accurate registrant information and reinforces that cybersquatting – even passive holding of infringing domains will not go unchecked. The Arbitrator referred to similar decisions under WIPO and INDRP that considered such conduct as evidence of bad faith.
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.
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.
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?
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.
However, in some rare instances there are some other peculiar forms of trade mark registrations as well. These are not the most conventional forms of registrations and are often accounted for a higher degree of proof due to their nature. There are numerous issues that may arise for the registration of smell mark.
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.
Additionally, the copyright registration depicts the work as a work for hire, and if that were inaccurate then the copyright would potentially be invalid, which would also necessitate dismissing the suit. If the doctrine were not applicable, Cooper would not own the copyright and would have no grounds for an infringement suit.
4) in proceedings concerned with the registration or validity of patents [.] irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or registration has been applied for ". The Swedish court of appeal referred the following questions to the CJEU: 1.
This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. The trademarks act, 1999, references colour combinations in section 2(1)(m), 2(1)(zb), and 10(1).
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?
Applicant feebly argued that Registrant, Renton Technical College, is a technical college that sells simple clothing bearing the name of its institution for students and faculty. Since there are no restrictions in the registration, Applicants restriction of its own identification of goods "does not impose a meaningful limitation."
See here for further information and registration details. Other The European Copyright Society (ECS) has recently published its opinion on the protection of works of applied under EU copyright law, suggesting responses to the pending references in Mio and konektra (C-580/23 and C-795/23, respectively; see IPKat here and here ).
The chapter begins with discussion of the challenges of registering trade marks with geographical elements, although parts of this chapter still refer to the old Community trade mark laws ( Regulation (EC) No 207/2009 and Directive 2008/95/EC ) and the Office for Harmonisation in the Internal Market (OHIM), which was renamed as the EUIPO in 2016.
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 ].
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.
An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations. The process involves:- Submitting trademark details and evidence of registration. Information about an individual suspected of counterfeiting or trading routes.
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.
Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.
However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. A landmark case was the U.S.
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.
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.
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’.
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?
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.
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 ].
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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