Biswajit Sarkar Copyright Blog

MAY 29, 2023

In the fast-paced world of business, where new brands emerge every day, protecting one’s intellectual property has become paramount. Trademarks play a crucial role in establishing brand identity and distinguishing products or services from competitors. What is a Trademark?

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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Registration Trademark Trademark Law Law 78

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. It further added that an individual could either own a registered trademark or copyright but not both.

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Registration Artistic Work Copyright Registering Trademarks 98

LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: Trademark law permits others to use your mark if that use qualifies as fair use. important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display:

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.

Social Media 52

Social Media Branding Brands Branding 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. So, the reason the case was so hard fought, is that a registration effectively gives you a broad scope of protection.

Trademark 52

Trademark Branding Brands Branding 52

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

Branding 52

Branding Brands Branding Trademark 52

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. Even in other jurisdictions, design rights last only for a limited term and cannot be renewed.

Editing 105

Editing Law IP Designs 105

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability.

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Law Branding Brands Branding 84

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Profound question for US law.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark.

Trademark 105

Trademark Registration Branding Brands 105

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.

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Trademark Intellectual Property Registration Designs 105

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? But there is an assumption that registration = minimal distinctiveness unless validity is questioned. A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value).

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

IP and Legal Filings

AUGUST 3, 2023

“Failure to Function” refers to a situation where a trademark application is rejected because the proposed mark is deemed incapable of fulfilling its essential role as a source identifier. Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive.

Registration 52

Registration Branding Brands Branding 52

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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Trademark Registration Marketing Marketing 138

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

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. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

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Cease and Desist Branding Brands Branding 106

The IPKat

MAY 11, 2024

A Kat reflecting on emerging branding strategies for plants. Why does the patent use a different name from the registered trademark? And what can this tell us about branding strategy for plants? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Seeing red? Images from Pixabay.

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Trademark Registering Trademarks Marketing Marketing 109

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights.

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Registering Trademarks Trademark Registration Trademark Law 105

Intepat

DECEMBER 4, 2023

In recent years, this economic potential has attracted global brands to expand into the Indian market. If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. Based on these arguments and written submissions, the hearing officer issues a decision.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Additionally, a name is a crucial element of personal branding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. There are notable exceptions.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

Designs 71

Designs Design Artistic Work Technology 71

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 105

Designs Design Invention Registration 105

Corsearch

APRIL 5, 2024

Demonstrate value: Stay on top of dockets and use data to demonstrate the value of your trademark efforts to the business. Trademark monitoring: Utilize tools like Google Alerts and Alt Legal Trademark Protection for effective trademark monitoring.

Trademark 59

Trademark Confidentiality Branding Brands 59

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

APRIL 4, 2022

The case decided by a single-judge bench, concerned an allegation of infringement of trademark, disparagement, dilution and tarnishment, damage to reputation, and tarnishment of brand equity filed by Hamdard National Foundation (Hamdard) against Sadar Laboratories (Sadar Labs). Judgment.

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Trademark Registration Trademark Law Branding 119

Intepat

MAY 12, 2023

Understanding The Madrid Protocol The Madrid Protocol is an international agreement that enables individuals or businesses to obtain trademark protection in multiple countries through a centralized system. After successful registration, the trademark is considered to be granted and protected in the member states.

Registration 52

Registration Branding Brands Branding 52

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

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Trademark Social Media Branding Brands 59

IP Tech Blog

AUGUST 3, 2022

These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official Chinese distributor suffer economic losses and the brand is diluted by cheap sales of parallel imports.

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Trademark Branding Brands Branding 57

IP Tech Blog

MARCH 23, 2022

Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

Trademark 57

Trademark Branding Brands Branding 57

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.

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. It helps consumers differentiate between the myriad brands available in the market today. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction.

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Trademark Registration Reporting Branding 52