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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

MR. CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

LexBlog IP

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212). In 2015, Chutter, Inc.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently-O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. In 2006, Chutter, Inc.’s

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Evergreening of Patents

Kashishipr

After the changes of 2005, the Madras Patent Office , in 2006, rejected the application from Novartis for the drug Glivec stating that the said drug did not exhibit any major changes in therapeutic effectiveness over its pre-existing form, which was already patented outside India.

Patent 105
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SpicyIP Weekly Review (March 18- March 24)

SpicyIP

The court granted an ex-parte injunction in favour of the plaintiff against the defendants, restraining the use of the plaintiff’s trademark ‘DASNAC’ or any similar variant by the defendants. Notices were served to all parties, with stipulated deadlines for responses, and compliance with procedural rules was mandated.

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IP as Collateral

IIPRD

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded. 11, March 2006.

IP 40
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The Concept of Family of Trademarks

Kashishipr

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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