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Navigating the Essentials of Trademark User Affidavits for Successful Registration

Intepat

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. Lal Babu Priyadarshi [9]. 1] Acharya, M.

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At USPTO's Request, CAFC Re-designates as Precedential Its EVERYBODY VS RACISM Failure-to-Function Affirmance

The TTABlog

e), the CAFC has re-designated as precedential its opinion in In re GO & Associates, LLC , Appeal No. 14, 2023, re-designated as precedential, January 22, 2024). The TMEP is not the law - ed. ]. At the request of the USPTO under Fed. 2022-1961 (Fed. widely used slogans), but nevertheless function as source-identifiers.

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Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions

Patently-O

13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. In order to qualify for federal trademark registration under the Lanham Act, a mark must be able to function as a source identifier. In Trek Bicycle Corp.

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Federal Circuit on TM Law’s Information Matter Doctrine

Patently-O

The court found substantial evidence supported the TTAB’s conclusion that the slogan fails to function as a source identifier for the applicant GO & Associates’ goods and services. The opinion here is more nuanced. See, TMEP § 1202.04(b)

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Protection of Trademarks in Cambodia

IP and Legal Filings

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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The Failure-to-Function Doctrine

IP and Legal Filings

“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.