Erik K Pelton

SEPTEMBER 17, 2024

How do you keep abreast of developments in the field of trademark law? How many registered trademarks do you or your law firm own? How many trademarks have you registered? Inside experience can’t hurt. What are your fees and what do they include? How are they calculated (hourly or flat)?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

JD Supra Law

AUGUST 31, 2023

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" By: Miller Canfield

Trademark Law 78

Trademark Law Trademark Registering Trademarks Branding 78

IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

Registering Trademarks 52

Registering Trademarks Trademark Trademark Law Law 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. Find out more and Register your interest now.

Trademark Law 52

Trademark Law Trademark Law Brands 52

JD Supra Law

JANUARY 25, 2024

In recent years, the forms of trademark infringement have become more and more diverse.

Trademark 72

Trademark Registering Trademarks Trademark Law Law 72

LexBlog IP

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

Registering Trademarks 52

Registering Trademarks Trademark Trademark Law Intellectual Property 52

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Kashishipr

SEPTEMBER 20, 2021

According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both. It also mentioned that their copyright assignment wasn’t valid.

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Registration Artistic Work Copyright Registering Trademarks 98

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. The precedent set in Consim Info Pvt.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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.

Trademark 96

Trademark Registering Trademarks Registration Trademark Law 96

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 86

Trademark Registering Trademarks Trademark Law Branding 86

IP and Legal Filings

JUNE 21, 2023

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

Registering Trademarks 96

Registering Trademarks Trademark Trademark Law Branding 96

JD Supra Law

JULY 25, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

Trademark 64

Trademark Registering Trademarks Trademark Law Publishing 64

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

Trademark 95

Trademark Intellectual Property Registration Registering Trademarks 95

The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? Unlike PVR law, however, trademark law imposes no obligations to maintain a direct link between a name and a plant. And what can this tell us about branding strategy for plants?

Trademark 110

Trademark Registering Trademarks Marketing Marketing 110

SpicyIP

APRIL 9, 2022

Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. These factors include: “is identical with or similar to the registered trademark, and. RPG Enterprises v. Ujjawal Bhargava.

Registering Trademarks 103

Registering Trademarks Trademark Registration Government 103

IP and Legal Filings

JANUARY 27, 2023

[i] [image Sources : Shutterstock] Properly called, a trademark denotes origin or acts as a flag of origin since its primary function is to identify the source or origin of products or services. In other words, trademarks identify a certain corporation as the source of products or services.

Trademark 89

Trademark Registering Trademarks Registration Intellectual Property 89

Erik K Pelton

OCTOBER 29, 2021

”, you may get more than one answer, because there is a lot of gray area in trademark law and a lot of gray area in what makes up a likelihood of confusion. Patent and Trademark Office, because the examiner asserts that the applied-for mark is likely to be confused with the registered trademark.

Trademark 147

Trademark Registering Trademarks Editing Trademark Law 147

IP and Legal Filings

OCTOBER 28, 2022

Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

Non-Fungible Tokens 95

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 95

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. Exclusive Trademark Rights for Trademark Owners in India.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

IP and Legal Filings

OCTOBER 26, 2023

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. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

Cease and Desist 104

Cease and Desist Trademark Registering Trademarks Business 104

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. Furthermore, if the hashtag consists of an existing registered trademark, it will aid in Trademark Registration. What’s in a #Hashtag?

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

NOVEMBER 1, 2023

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. The injured mark must have a reputation in India.

Trademark 101

Trademark Registering Trademarks Branding Brands 101

JD Supra Law

MARCH 16, 2022

In fact, there is also “quarantine” in the field of trademarks. As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life.

Trademark 55

Trademark Registering Trademarks Trademark Law Law 55

IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. Therefore, a brand can be registered in the U.S.

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Social Media Trademark Brands Branding 82

IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

LexBlog IP

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

Trademark 52

Trademark Trademark Law Registering Trademarks Publishing 52

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

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. Yet, some proprietors seek to register common phrases or words for their products and services. ’ How are then these common words registered as a trademark?

Trademark 105

Trademark Registration Branding Brands 105

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. On September 28, 2021 , The Hershey Co. chocolate company (“Hershey”) filed a lawsuit against Californian cookie maker The Cookie Department Inc.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

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 78

Trademark Registration Trademark Law Law 78

SpicyIP

FEBRUARY 10, 2023

In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademark law and not just a provision limited to Section 12. Facts in brief – In the Abdul Rasul case, the plaintiff claimed the infringement and passing off of its registered trademark “REGAL” used for footwear retail.

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Trademark Registration Trademark Law Law 119

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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Editing Law IP Design 105

LexBlog IP

OCTOBER 25, 2022

The reason why my childhood featured Kwik Star, while those of my Wisconsin peers featured Kwik Trip, is a product of none other than trademark law. Kwik Trip also planted its registered trademark flag in 1996 and 2019 on the Kwik Star brand name to ensure its protection. Registered trademarks are valuable.

Registering Trademarks 52

Registering Trademarks Branding Brands Branding 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

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.” Dongre and Ors. V Whirlpool Co.

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Brands Branding Branding Trademark 92