Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.

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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.

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Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

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Registering Trademarks Trademark Registration Trademark Law 105

U.S. Department of Commerce

AUGUST 9, 2021

Protecting our Trademark Customers with Federal Registration of USPTO Marks. Guest blog by David Gooder, Commissioner for Trademarks . Recently, the Department of Commerce took another important step to protect trademark customers by filing for federal registration of the USPTO marks. August 9, 2021.

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Patent Trademark Blog

MAY 9, 2023

While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. Need to register your trademark in a foreign country? IP rights are territorial.

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Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Such ‘proof of use’ can also be demanded by the proprietor of trademark registration being relied upon as the basis of an infringement action.

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Trademark Registering Trademarks Registration Intellectual Property 105

IP and Legal Filings

JUNE 9, 2022

This blog states the key differences between the two which may help you to do the same. There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes.

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Patent Trademark Blog

SEPTEMBER 13, 2021

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance.

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Patent Trademark Blog

JULY 11, 2023

Is your mark too similar to a registered trademark? Most folks are aware of the risk of a trademark application being rejected for being too similar to a registered trademark. So they go on the USPTO trademark site or some other site to search their desired trademark. There’s a problem.

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Patent Trademark Blog

JANUARY 9, 2023

This metric provides a percentage of allowed trademarks in view of all trademark filings filed by an attorney. Initially, we add all the registrations and pending applications which have been approved for publication. As of the date of this post, I have secured nearly 500 trademark registrations for our clients.

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Erik K Pelton

JANUARY 26, 2021

The first one, perhaps the easiest one, is use the ® R with a circle symbol frequently in connection with the registered trademark. Trademark registration requires a renewal at the USPTO. The initial renewal is due after five years of registration, then after 10 years, 20 years, et cetera.

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Patent Trademark Blog

JULY 7, 2021

How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g., appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

JANUARY 26, 2023

Stop fantasizing about common law rights and all that you theoretically will accomplish without a registration. Get your trademarks registered, period. Your trademark registration will open doors and unlock value that can far exceed the cost of registration.

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Trademark Registration Registering Trademarks Blogging 97

Patent Trademark Blog

MARCH 10, 2022

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use.

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Patent Trademark Blog

JULY 7, 2022

A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. Let’s consider scenarios when it may make sense to file a TTAB trademark counterclaim. Has the plaintiff pleaded its trademark registrations? And those rights may be significant.

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Patent Trademark Blog

JULY 12, 2023

Suppose your trademark application has been rejected for being too similar to registered mark. You take a closer look at registration and realize that you have an earlier date of first use in commerce than the date cited in the registration. At times, a registered trademark blocking your application may be defective.

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Trademark Registration Registering Trademarks Blogging 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!

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Patent Trademark Blog

MAY 15, 2023

Amazon sellers need to understand the importance of choosing a brand name for Amazon seller account that, when filed as a trademark application, will present the lowest risk of rejection by the Trademark Office. Need a registered trademark to maximize full benefits of Amazon Brand Registry? Then incorporate.

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Patent Trademark Blog

MAY 22, 2024

Likelihood of confusion is one of the biggest obstacles to registering trademarks. In comparing trademarks, examiners will frequently reject one mark for being confusable with another mark even though the respective goods or services appear quite different. Need to register your trademark or overcome an Office Action rejection?

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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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. The reason has to do with registrations of similar marks. This is a judgment call that would benefit from the counsel of an experienced trademark attorney.

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Kashishipr

MARCH 23, 2022

At a later stage, these fraudulent entities attempt to sell the internet domains in question with the Registered Trademarks to the brands or companies to which the names belong, with the intent of making colossal profits. It settles conflicts relating to registrations of trademarks and domain names.

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Patent Trademark Blog

NOVEMBER 18, 2021

Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. The cost of a TMA trademark nonuse challenge will depend on certain key factors discussed below.

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IPilogue

SEPTEMBER 16, 2022

Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies. As such, no prior use, good faith, or intention for real use of the trademark is required to acquire the exclusive rights over a trademark.

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Kashishipr

AUGUST 10, 2021

Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. The dispute of domain name is a conflict that arises when more than one individual or group believes that they have the right to register a particular domain name.

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Above the Fold

DECEMBER 29, 2021

According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”.

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LexBlog IP

DECEMBER 29, 2021

According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”

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Trademark Registering Trademarks Blogging Registration 52

Kashishipr

MAY 18, 2022

The simplest mechanism of achieving the same is through Trademark Registration. The prime purpose of a trademark is to help people identify and recognize the origin or source of a specific product or service. A trademark reflects the source or origin and the quality of the products or services. B) Indirect Infringement .

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IPilogue

SEPTEMBER 1, 2022

NBC Universal has filed a lawsuit against Jay Kennette Media Group (“JKMG”), an entertainment company over the latter’s registration of the mark “Dunder Mifflin.” NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. What is trademark squatting?

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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. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Kashishipr

JUNE 22, 2022

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. Any individual or entity can file an opposition against the proposed trademark published in the trademark journal.

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Intepat

DECEMBER 1, 2023

Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. The Trademark Act, 1999, and the Trade Marks Rules, 2017 (“Trade Mark Rules”) outline the trademark opposition process.

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Patent Trademark Blog

JUNE 2, 2023

If you haven’t done so already, have your trademark application filed by a patent and trademark attorney with experience in the potential obstacles that might arise. Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration.

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Kashishipr

JANUARY 12, 2022

In the United Kingdom, a hashtag can be trademarked if it is not entrapped by section 3(1)b of the Trademarks Act, 1994 – as per which a mark can be refused registration if it is devoid of distinctive character. The trademark utilizing the hashtag must be distinctive in nature. For more visit: [link].

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Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

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azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

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