Kashishipr

SEPTEMBER 20, 2021

It further added that an individual could either own a registered trademark or copyright but not both. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect. Concluding Remarks.

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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

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Registration Blogging Copyright Design 98

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 my analysis I will focus on sound marks and smell marks when discussing the development of the law in the two countries. What is a non-conventional trademark?

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Registration Trademark Law Trademark Law 94

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

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Registering Trademarks Trademark Registration Trademark Law 105

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. SMART KEYBOARD is thus generic and cannot become a trademark. Apple is not giving up.

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Trademark Registration Technology Trademark Law 105

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. Thus, Court decisions and the USPTO have time and again granted the registration of smell marks.

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Trademark Law Trademark Law Registration 52

azrights

NOVEMBER 17, 2021

Hence Pizza Hut is also a registered trademark. This combination of words with Pizza are sufficiently distinctive to qualify as trademarks, although these registrations do not stop other brands from using the words Hut or Express in their brand names. The post Distinctiveness in Trademark Law appeared first on Azrights.

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Trademark Law Trademark Law Branding 52

Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark. Scholastic Inc.

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Trademark Registration Branding Brands 105

IP and Legal Filings

NOVEMBER 23, 2024

Blockchain Technology [7] refers to a secured process of recording and sharing information across a network of computers to enhance trademark protection. It uses blockchain technology to ensure product authenticity and streamline its supply chain making the trademarked products traceable and verifiable.

Branding 104

Branding Brands Branding Technology 104

IP and Legal Filings

MAY 18, 2023

However, the Defendant disputed the Plaintiff’s claim of a monopoly over the hipster tag and design features, arguing that “hipster” referred to a person who carried a hip flask during prohibition – a prior art. Registration or pre-established goodwill and reputation through use is necessary for trademark protection.

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Design Designs Art Trademark Law 97

IP and Legal Filings

NOVEMBER 12, 2024

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. What may pass for the other country may not go well in this country.

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Trademark Branding Brands Branding 96

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

FEBRUARY 8, 2023

Kat friend Latha Nair reports on an interesting decision from India on the registrability of two marks--SWISS MILITARY and design, and the word mark SWISS MILITRY. The use of the phrase “any law” in 11(3)(a) of the Act must be read contextually as it is subject to Section 11(5). In the case of Armasuisse v.

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Registration Trademark Intellectual Property Design 75

IP and Legal Filings

SEPTEMBER 19, 2023

Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration. Maccoffee first appeared on IPLF.

Trademark 98

Trademark Intellectual Property Registration Registering Trademarks 98

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Profound question for US law.

Trademark Law 75

Trademark Law Law Trademark Registration 75

SpicyIP

APRIL 4, 2022

The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949. Previously, Hamdard had also filed a suit against Karan Johar for making objectionable references to ‘Rooh Afza’ in one of his movies.

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Trademark Registration Trademark Law Branding 119

IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability.

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Registration Trademark Trademark Law Business 52

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity.

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Registration Television Trademark Trademark Law 105

JD Supra Law

FEBRUARY 16, 2023

How would you pronounce #law? Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark. By: Dorsey & Whitney LLP

Law 52

Law Trademark Law Social Media Service Mark 52

IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

Trademark 105

Trademark Intellectual Property Branding Brands 105

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Some Other Crucial Aspects to Keep in Mind.

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Registration Registering Trademarks Trademark Cease and Desist 52

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. BOOKING.COM refers to some specific entity.” The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

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.

Trademark 105

Trademark Trademark Law Intellectual Property Registration 105

Intepat

MAY 29, 2024

This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process. This makes the Trademark User Affidavit an indispensable document in the registration process.

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Registration Trademark Advertising Advertising 52

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.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

SpicyIP

AUGUST 10, 2024

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. However, it is noteworthy that all the cited precedents had a distinctive niche in the market and they were well-known, a requirement under trademark law. Sabeeh Ahmad. The first (Application no.

Trademark 118

Trademark Registration Reporting Marketing 118

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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.

Trademark 97

Trademark Registering Trademarks Registration Intellectual Property 97

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”

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Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

Trademark 97

Trademark Registration Branding Brands 97

Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning.

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Trademark Registration Branding Brands 105

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 96

Trademark Registering Trademarks Trademark Law Branding 96

IP and Legal Filings

SEPTEMBER 12, 2024

The rulings, in turn, drove home that mere association is not sufficient to support a finding of trademark infringement or dilution. It was another case of how hard it is for big brands to defend their marks against light-hearted references where the respective products have different markets. 47 of 1999. Apple Inc. 3d 983 (2015).

Branding 98

Branding Brands Branding Trademark 98

IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities). IOC is the proprietor of various earlier trademarks involving the word ‘Olympic.’

Trademark 97

Trademark Patent Trademark Law Advertising 97

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45. The Board was unmoved.

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