IP and Legal Filings

NOVEMBER 27, 2024

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.

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SpicyIP

JANUARY 20, 2025

Hasaram And Sons on 13 January, 2025 (Delhi District Court) The plaintiff, a firm selling Ayurvedic medicines, sought a permanent injunction restraining the defendants from infringing their copyright and trademark and passing off of trade dress. The plaintiff used the registered trademark Nayan Jyoti for their most popular product.

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Registering Trademarks Trademark Registration IP 102

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? Intellectual Property refers to any intangible asset or property originated from the human intellect. Trademarks are governed by the Trade Marks Act, 1999 in India.

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IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

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IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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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

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. registration of NBC’s chimes.

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IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

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Trademark Branding Branding Brands 52

The IPKat

APRIL 10, 2025

As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The matter raises questions about the applicability and interpretation of various EU Regulations, so the Italian Supreme Court referred two questions to the CJEU in May 2024.

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Erik K Pelton

OCTOBER 16, 2023

The following is an edited transcript of our video Trademark Refusal: Genericness. 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.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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Registration Trademark Trademark Law Law 98

SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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Trademark Registration Marketing Marketing 126

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

IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

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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.

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Trademark Registration Technology Trademark Law 105

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. It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. by Dennis Crouch. Petition ].

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Trademark Registering Trademarks Licensing Design Patent 136

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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Trademark Registering Trademarks Registration IP 105

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

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Trademark Registration Branding Branding 105

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Plaintiff’s Arguments. SSPL was incorporated in 2004.

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Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

NOVEMBER 3, 2024

Only what its 'Similarity Tool'—the instrument it uses to compare goods and services in trademark proceedings—declares seems to be of significance to the Office. The application was based on German trade mark registration No 1 119 686 ‘SYMPHONIE’ (word mark) registered in class 33 for “wine; sparkling wine”. 000055634 ).

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Intellectual Property Registration Trademark 110

Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Trademark Registering Trademarks Registration Intellectual Property 105

Selvam & Selvam Blog

APRIL 1, 2025

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. incorporates the trademark in its entirety, differing only by the top-level domain (.in).

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Registration Registering Trademarks Branding Branding 52

Erik K Pelton

JULY 31, 2020

Understanding the Notice of Allowance, and what it means, is important for trademark applicants who file an “intent to use” application. It could sometimes include a business card if it references the service. The post My trademark application received a ‘Notice of Allowance’ – now what?

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Trademark Advertising Advertising Editing 130

IPilogue

AUGUST 9, 2021

A sound can be registered as a trademark if it fulfills the function of a trademark, namely, indicating the origin of the goods and services. Even if it is a well-accepted practice in trademark law, the inherent characteristics of a sound differentiate them from word or design marks.

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Trademark Trademark Law Intellectual Property Registration 105

SpicyIP

APRIL 4, 2022

Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. The defendant argued that since both the marks were registered, Section 29 of the Trade Marks Act could not be applied.

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Trademark Registration Trademark Law Branding 119

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

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Trademark Branding Branding Brands 98

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

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Social Media Trademark Cease and Desist Registering Trademarks 105

IP and Legal Filings

JANUARY 27, 2023

Despite the fact that the duration of protection varies, a trademark can be renewed in perpetuity by paying additional fees after the first term has expired. In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward.

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Trademark Registering Trademarks Registration Intellectual Property 98

Erik K Pelton

AUGUST 10, 2020

Over the years I’ve worked on thousands of trademark applications. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. I often refer to it as a long and winding road.

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Trademark Ownership Social Media Editing 130

IP and Legal Filings

MARCH 11, 2025

Trademarks are not just marks or labels, they carry value and encourage commerce and signifies credibility and quality in the market. But what happens, however, when these trademarks become the focus point of contingent legal battles? An individual who has a right to be aggrieved can go for cancellation of the registration in person.

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Trademark Registration Litigation Trademark Law 52

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.

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Trademark Registration Branding Branding 105

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d

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Registration Marketing Marketing Branding 98

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Licensing Trademark Branding Branding 105

IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. The application must include the details of the applicant, the class of goods or services for which the trademark will be used, and a representation of the trademark.

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Trademark Intellectual Property Registration Registering Trademarks 98

Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. There is also no public interest in refusing the registration of the sign.

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Trademark Intellectual Property Registration Trademark Law 97