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Trademark Registration: 100% THAT B H

Patently-O

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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The Design of Hipster

IP and Legal Filings

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Navigating the Essentials of Trademark User Affidavits for Successful Registration

Intepat

Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.” This affidavit is essential when the applicant asserts that the trademark has been used continuously in the market since a particular date.

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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms.

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4th Circuit Upholds District Court and TTAB: Timberland Boot Design Lacks Acquired Distinctiveness

The TTABlog

Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Accordingly, without deciding the functionality issue, the district court’s judgment is AFFIRMED.

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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India. Final Thoughts.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.