Olartemoure Blog

FEBRUARY 3, 2023

La entrada Spanish trademark law reform se publicó primero en OlarteMoure | Intellectual Property.

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5138881).

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Trademark Registration Registering Trademarks Service Mark 52

IP and Legal Filings

DECEMBER 18, 2022

Trademark is a kind of intellectual property which is capable of being represented graphically, it can be any word, design, symbol, phrase, design, shape, packaging of goods etc. Trademarks are used to distinguish one person’s goods and services from that of others. Use of a similar trademark for the same products.

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Trademark Registration Intellectual Property Branding 85

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

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Trademark Marketing Marketing Registration 45

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 80

IPilogue

FEBRUARY 16, 2023

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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Trademark Artwork Registration Art 105

Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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Trademark Registering Trademarks Registration Music 98

IP and Legal Filings

FEBRUARY 6, 2023

They entered into a trademark war over the common starting syllable ‘THE’ as both the outlets deal with identical goods and services. THEOS’ acknowledged ‘THEOBROMA’ as the owner of the trademark and agreed to not use the mark ‘THEOBROMA’ in any manner.

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Trademark Settlement Business Branding 81

IPilogue

JULY 20, 2022

On June 8, 2022, Apple took a hit to its trademark portfolio when it lost another trademark battle with Swatch, the famous Swiss watchmaker, before the General Court of the European Union. Through its judgment , the General Court upheld lower court decisions revoking Apple’s rights in its THINK DIFFERENT trademarks. Background.

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Trademark Intellectual Property Public Domain IP 81

IIPRD

MAY 9, 2024

The Indian statutory provisions pertaining to intellectual property are the Patents Act of 1970 [1] , the Trademarks Act of 1999 [2] and the Copyright Act of 1957 [3]. Specifically, the court held that Section 3(5) of the Competition Act, 2002 does not classify the lawful exercise of intellectual property rights as anti-competitive practices.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

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

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO).

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Trademark Registration Designs Design 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. Most significantly, it is the first international instrument dealing with trademark law to explicitly recognize non-traditional marks. Introduction.

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Trademark Contracts Intellectual Property Registering Trademarks 52

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

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Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

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Registration Trademark Art Blogging 52

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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Trademark Service Mark Intellectual Property Registration 52

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). 1125(c).

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Cease and Desist Trademark Branding Brands 52

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

A trademark is an instrument using which a business can set itself apart from its competitors. Indicating the goods and services offered by the business, a trademark can be any word, phrase, logo, symbol, combination of colours etc. However, it must be kept in mind that a trademark has to be a visual representation.

Trademark 52

Trademark Intellectual Property Business Branding 52

IP Watchdog

AUGUST 7, 2021

The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

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Trademark Registering Trademarks Registration Licensing 52

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

IP and Legal Filings

JANUARY 30, 2023

Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other. Allegations of trademark infringement have already been made in several instances in Metaverse.

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Intellectual Property Non-Fungible Tokens Trademark Copyright 88

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person set himself or his product apart. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. To license, a registered user is a licensee.

Business 52

Business Trademark Licensing Branding 52

Intepat

APRIL 7, 2022

A trademark is a distinct identifier that helps a person differentiate himself or his product. For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. Licensing and assignment are two methods for the transfer of trademark rights. How to Franchise your brand name.

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Trademark Licensing Branding Brands 52

LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

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Trademark Designs Design Branding 40

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

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Designs Design Trademark Intellectual Property 52

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. Smell marks and Indian trademark laws. [Image Source: gettyimages].

Trademark Law 52

Trademark Law Trademark Law Registration 52

LexBlog IP

DECEMBER 6, 2021

Whether you can file a trademark for an NFT depends on whether the NFT is part of a larger collection or series. If the collection sells specific goods and/or services, it may receive trademark protection. Can NFTs Receive Trademark/IP Protection? In fact, to date Yuga Labs LLC has filed at least 38 trademarks at the USPTO.

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

IIPRD

MARCH 21, 2024

IPRs are a set of statutory rights protected under the Indian Copyrights Act of 1957, the Patents Act of 1970, the Trademarks Act of 1999, trade secrets, or sui generis protection. One of the first cases that started resolving the bone of contention between these two laws was “Aamir Khan Production Private Limited vs. The Director-General.”

Intellectual Property 98

Intellectual Property Law Licensing Intellectual Property Law 98

SpicyIP

FEBRUARY 19, 2024

Glaxosmithkline Biologicals Sa vs Human Biolife India Private Limited & Ors on 12 February, 2024 (Delhi HC) The Plaintiff filed a trademark infringement case against the Defendant for using deceptively similar mark to its “Rix” formative trademarks.

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Invention Music Art Patent Application 105

IP Law 360

FEBRUARY 16, 2022

squared off in Virginia federal court Wednesday with the wireless product and service provider doubling down on allegations that T-Mobile illegally reaped billions of dollars after using an unregistered trademark under which Simply Wireless has sold products since 2002. Simply Wireless Inc. and T-Mobile US Inc.

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Trademark 40

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. The US Patent and Trademark Office’s Patent and Trial and Appeal Board, after three rejections, held that the Class Crocs clog design patent was valid in 2019.

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Intellectual Property Designs Design Design Patent 105

43(B)log

AUGUST 11, 2021

Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? Bruce Boyden: 9 th Circuit screws this up.

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Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

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Blogging Trademark Branding Brands 112

SpicyIP

JULY 10, 2023

Registrar of Trademarks on 6 July, 2023 (Delhi High Court) Image from here An appeal was preferred against the order of the respondent rejecting the appellant’s application to include “Kamdhenu” mark in the list of well-known trademarks. Case: Kamdhenu Ltd. Essee Networks Pvt.

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LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

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Trademark Registration Music Intellectual Property 52