SpicyIP

JANUARY 2, 2024

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. image from here Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law By Prof.

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Trademark Law Trademark Law Registration 59

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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Business Trademark Registration Cease and Desist 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 TML Draft Amendment and the official Explanation document (in Chinese) can be accessed here. A USPTO translation can be accessed here.

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Trademark Law Trademark Law Registering Trademarks 40

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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Trademark Registration Trademark Law Law 68

Garrigues Blog

FEBRUARY 21, 2023

Since January 14, the Spanish Patents and Trademarks Office (SPTO) has been responsible for hearing applications for invalidity and revocation of trademarks. We take a look at the biggest risk faced by applicants seeking invalidity of a trademark on relative grounds. Pursuant to article 58 et seq.

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Trademark Trademark Law Patent Registration 52

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role.

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Trademark Registration Registering Trademarks Designs 52

LexBlog IP

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Trademark Trademark Law Registration Intellectual Property 52

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

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Trademark Registration Intellectual Property Trademark Law 52

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 These updates will have implications for trademark holders in various classes, with a special emphasis on Class 3. trademark holders to stay updated.

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IP and Legal Filings

NOVEMBER 1, 2022

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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Trademark Service Mark Intellectual Property Registration 52

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

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Trademark Government Copyright Service Mark 98

SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. ” Unfortunately, this is not the first time the Indian trademark office has engaged in mass abandonment of applications, only to be reversed by the High Court.

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Trademark Reporting Contracts Registration 102

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Trademark Branding Brands Branding 52

LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. If you are looking to appoint a Canadian trademark agent, DW does so for no charge. Filing Strategies for Faster Results. Classification.

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Trademark Intellectual Property Intellectual Property Law Registration 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” The court says it.

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Trademark Fair Use Registration Licensing 110

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45. The Board was unmoved.

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Registration Branding Brands Branding 60

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

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Trademark Registration Registering Trademarks Intellectual Property 40

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. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). In other words, this is more of a contractual issue than statutory issue in the US.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Trademark Registration Intellectual Property Litigation 40

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Reporting 52

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Provisions of intellectual property law will be applicable to NFTs. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Hetronic International Inc. ,

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Trademark Blogging Litigation Law 70

IP and Legal Filings

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. Two protection systems of geographical indication’s products are registration system and non-registration system. Who can apply for GI registration? 3, which is enacted on 30 January 2019.

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Registration Trademark Law Intellectual Property Trademark 52

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

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Law Designs Design Trademark 62

SpicyIP

JANUARY 31, 2024

Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. While the “misleading the public” claim hints at perhaps a trademark infringement and/or passing off claim, the order doesn’t clarify what rights are allegedly infringed. E.g., see here and here.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. Common Law Rights.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

IP and Legal Filings

DECEMBER 6, 2023

The Delhi High Court, while taking note of the documents and evidence on record, concluded that the Plaintiff had, in fact, not consented and given license to the defendants to make the film in any manner that they wished. Entertainment Pvt. vs. Baby Gift House and Ors., Baby Gift House and Ors., In the same way, in ArunJaitley v.

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Privacy Intellectual Property Law Intellectual Property Advertising 97

LexBlog IP

JUNE 21, 2023

We will look not only at the laws of the United States but at some other jurisdictions as well. A trademark using a name, portrait or signature associated with a living person may be rejected. Generally, the Trademark Office will not allow a mark associated with a living person without permission. Section 1209.03(x) Tam , 137 S.

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Registration Trademark Trademark Law Law 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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Dear Rich IP Blog

SEPTEMBER 16, 2020

Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The story behind the trademark. A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018. 15 USC Sec.

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Technology & Marketing Law Blog

APRIL 29, 2023

” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

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Fair Use Cease and Desist Copyright Trademark 98

SpicyIP

JANUARY 23, 2023

(DB order) to reiterate that one registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity between the competing marks (para. The Defendant argued that the suit design was published prior to the date of registration under a different trade name. Banijay Asia and Anr.

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Designs Design Invention Registration 105

SpicyIP

APRIL 30, 2023

Discussing the Relevance of the Responses Filed Against FERs Issued by Trademark Registry Image from here Is FER and its Reply relevant after a mark is registered? The author questions this order, looking at prior case laws, and discusses how it inadvertently also limits the importance of the documents in rectification matters.

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