IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. 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.

Cease and Desist 102

Cease and Desist Trademark Registering Trademarks Business 102

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Twentieth Century Fox Film Corp. ,

False Advertising 114

False Advertising Advertising Advertising Patent 114

IPilogue

AUGUST 10, 2022

Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. However, the fashion house Marc Jacobs has a pending trademark application for an identical “THE” mark. However, the USPTO initially rejected the trademark application for two reasons.

Trademark 112

Trademark Registration Marketing Marketing 112

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?

Licensing 105

Licensing Trademark Branding Brands 105

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Over the years, some businesses and individuals have attempted to trademark the phrase ‘Taco Tuesday’ for various purposes. Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. 1572589 under Class-43 in favor of Taco John’s.

Registration 88

Registration Trademark Business IP 88

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

Trademark 97

Trademark Registration Graphic Design Designs 97

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble.

Trademark 109

Trademark Fair Use Registration Licensing 109

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

IP and Legal Filings

MARCH 28, 2024

The blog will address the legal protection of film titles and answer the big question of whether anyone can make another DDLJ. V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] Sanghavi” [3].

Cinema 86

Cinema Copyright Blogging Registration 86

Patent Trademark Blog

JULY 11, 2023

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Need to register a trademark? What is this rejection?

Trademark 52

Trademark Registering Trademarks Due Diligence Registration 52

Kashishipr

JANUARY 19, 2022

In today’s era, where the drawing-up of physical borders has diluted in terms of fair-trade practices, the relevance and importance of Intellectual Property Rights (IPRs) have fairly risen. Noting the Difference between a Brand and a Trademark. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Branding 105

Erik K Pelton

JANUARY 26, 2021

The following is an edited transcript of my video “How Can You Avoid Losing Your Trademark Rights Over Time?” ” There are four things that a trademark owner should do to ensure that they don’t lose the strength or protection in their trademark, even after it’s registered.

Trademark 130

Trademark Registering Trademarks Branding Brands 130

IPilogue

MARCH 16, 2023

The Ministry of Energy, Commerce and Industry of the Republic of Cyprus (“Cyprus”) lost its latest attempt to obtain trademark protection for its famous cheese, “Halloumi,” in a decision dated January 20, 2023. Common examples of certification marks include VQA for Ontario wine, Wi-Fi , and 100% Canadian Dairy.

Trademark 106

Trademark Contracts Licensing Law 106

Patent Trademark Blog

MAY 17, 2022

Can you trademark an acronym? It can sound rather comical. So can you register an acronym as a trademark? Yes, acronyms can be registered as trademarks. As with any other mark, an acronym must meet certain conditions to be trademarkable. How to argue against refusal of acronym trademark.

Trademark 52

Trademark Intellectual Property IP Blogging 52

LexBlog IP

FEBRUARY 29, 2024

The term of copyright depends on timing of creation and publication in the US, as well as the type of work in Canada. Once that term is up, the work enters the public domain and may be used without restriction in other or new creative works. Copyright terms have been on a steady upward march.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. They can all be found at [link]. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. About Erik M.

Government 147

Government Business Trademark Blogging 147

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.

Registering Trademarks 105

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. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

Trademark 105

Trademark Registration Technology Trademark Law 105

LexBlog IP

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series. On September 22, 2022, the U.S.

Technology 52

Technology Trademark Patent Prosecution Patent 52

The TTABlog

JUNE 8, 2021

In the latest twist in this long-running saga, the United States District Court for the Western District of North Carolina has found the term PRETZEL CRISPS to be generic for pretzel crackers. However, no matter how much commercial success the product enjoys, Plaintiffs are not entitled to monopolize the common name of the product being sold."

Registration 97

Registration Social Media Blogging Marketing 97

Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. Trademarks.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

IPilogue

AUGUST 18, 2022

Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage. Previously, a recognized trademark may appear on product packaging or public signage exclusively in a language other than French.

Trademark 105

Trademark Law Registering Trademarks Government 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

By doing so, renowned people can proactively protect their image and prevent unauthorized usage, ensuring the lawful association of their name with products in the marketplace. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Olartemoure Blog

MARCH 16, 2022

“Nutraceuticals”, a term commonly employed in the marketplace, is usually used to identify products derived from food sources exhibiting extra health benefits in addition to the nutritional value of foods. The SIC during its trademark registrability evaluation does not analyze the same criteria that INVIMA assesses.

Registration 98

Registration Branding Brands Branding 98

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your product is a huge success and customers recognize your trademark. The lawyer that has sent the letter alleges you have infringed on their client’s rights and are demanding that you cease using the trademark immediately or else.

Cease and Desist 80

Cease and Desist Trademark Marketing Marketing 80

Intellectual Property Law Blog

MAY 2, 2023

Patent and Trademark Office have developed initiatives to focus on IP issues with AI. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. Many employees are experimenting with AI in connection with their work. If you have not done so yet, now is a good time to get started. Both the U.S.

Government 237

Government Business Licensing Copyright 237

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

Advertising 52

Advertising Advertising Trademark Registration 52

Velocity of Content

AUGUST 4, 2021

In the second , I looked at the group registration procedures recently made available by the US Copyright Office which are specifically useful to bloggers, and to managers of blog sites. In this post, we’ll shift our attention to podcasts which —as far as copyright is concerned— may be considered the audio-based sibling of blogs.

Copyright 98

Copyright Registration Music Blogging 98

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark 105

Trademark Intellectual Property Registration Designs 105

SpicyIP

JUNE 28, 2021

We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. Our previous posts on questions of IPR and arbitration can be viewed here. Golden Tobacco Ltd. Introduction.

Trademark 96

Trademark Law Licensing Registration 96

IPilogue

DECEMBER 1, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Others predicted Facebook’s decision to change its corporate name to be part of the company’s vision for building the “metaverse” – a term used to describe a shared virtual environment accessible through the internet. Trademarks.

Business 111

Business Trademark Social Media Registration 111

Patent Trademark Blog

APRIL 6, 2022

What are smarter ways to respond to trademark Office Actions? Though you hate to see them, Office Actions are fairly common in USPTO trademark applications. While much can be done upfront to minimize the risk of a trademark refusal , you sometimes get a trademark rejection no matter how hard you tried to avoid it.

Trademark 52

Trademark Registration Blogging IP 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

IP 126

IP Advertising Advertising Trademark Law 126

SpicyIP

MARCH 13, 2023

Please let us know so we can include them! ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law? In this post, Varsha Jhavar aims to address these and more questions pertaining to the chatbot by looking that the Terms of Usage and the Copyright Act of India.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119