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).

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Trademark Law Trademark Law Registering Trademarks 40

Kashishipr

SEPTEMBER 20, 2021

According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both. It also mentioned that their copyright assignment wasn’t valid.

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Registration Artistic Work Copyright Registering Trademarks 98

Canadian Intellectual Property Blog

JUNE 22, 2022

For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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Trademark Law Trademark Law Registering Trademarks 52

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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Registering Trademarks Trademark Trademark Law Intellectual Property 52

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

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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Registration Trademark Reporting Trademark Law 52

Kashishipr

APRIL 27, 2022

A proposed motion trademark can be made with the help of animations, different computer programs, or any moving object existing around the company. While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper. Final Thoughts.

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Registration Trademark Branding Brands 105

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide.

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

MAY 17, 2022

A trademark application is submitted to the Trademark Office at the Industrial Property Directorate by the applicant if he is a national or resident in the Kingdom of Bahrain. Foreign applicants who are not resident in the Kingdom must apply through IP Registration Agents or law firms authorised by the Industrial Property Directorate.

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Registration Trademark Trademark Law Publishing 52

Patent Trademark Blog

APRIL 28, 2022

Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or company to use a particular mark on selling goods or services in a limited geographical area. US trademark law is different.

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Trademark Law Cease and Desist Registration 52

IP and Legal Filings

SEPTEMBER 19, 2023

Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration.

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Trademark Intellectual Property Registration Registering Trademarks 86

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 88

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. In essence: ‘use it or lose it.’

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Editing Law IP Designs 105

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration. This phenomenon is called acquired distinctiveness.

Business 52

Business Trademark Registration Cease and Desist 52

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

Law 84

Law Branding Brands Branding 84

The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? Indeed, this principle was the basis for Australia's unsuccessful argument that the name 'Prosecco' for sparkling wine should be refused registration as a geographical indication in Singapore (previously discussed by this Kat here ).

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Trademark Registering Trademarks Marketing Marketing 109

IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability.

Registration 52

Registration Trademark Trademark Law Business 52

IP and Legal Filings

JANUARY 27, 2023

[i] [image Sources : Shutterstock] Properly called, a trademark denotes origin or acts as a flag of origin since its primary function is to identify the source or origin of products or services. In other words, trademarks identify a certain corporation as the source of products or services.

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Trademark Registering Trademarks Registration Intellectual Property 78

Erik K Pelton

MAY 28, 2024

trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). In addition to representing myriad small business trademark owners, EMP&A itself is a small business and the owner of more than a dozen U.S. trademark registrations.

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Registration Trademark Business Reporting 147

IP Tech Blog

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

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. What is Trademark Dilution?

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Trademark Registering Trademarks Trademark Law Branding 75

The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. registrations are cancelled, not marks - ed. ]. And "there can be no doubt that Appellant’s injury would be redressed by a favorable decision."

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Registering Trademarks Registration Trademark Ownership 57

IP Intelligence

JANUARY 1, 2024

Trademark owners should be wary of official-looking email solicitations from attorneys or law firms that claim to specialize in trademarks and are masquerading as Good Samaritans who wish to aid in protecting the company’s brand against another company that has contracted that firm to register the same mark.

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Trademark Branding Brands Branding 59

The IPKat

NOVEMBER 30, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Javohir Kurbonov and Khalil Jurayev (both Prolegals Law Firm) on some recent developments in the trademark law of Uzbekistan. What does it offer for holders of well-known (famous) trademarks?

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Trademark Registration Intellectual Property Government 62

Patently-O

MAY 28, 2024

The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration. 1064 allows cancellations by “any person who believes that he is or will be damaged” by the registered mark.

Trademark 85

Trademark Ownership Registration Branding 85

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. In simple terms, trademark infringement occurs when the owner’s exclusive right is breached.

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Trademark Law Registering Trademarks Branding 60

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Albanese , where the plaintiff held the trademark for Cloudpen and Cloudpenz, an attempt was made to restrain the defendant from using the same by agreeing.

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Trademark Registration Registering Trademarks Social Media 105

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

LexBlog IP

OCTOBER 25, 2022

The reason why my childhood featured Kwik Star, while those of my Wisconsin peers featured Kwik Trip, is a product of none other than trademark law. What’s more, QuikTrip would register its first trademark in 1994, making QuikTrip “quick on the draw” for trademark registration.

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Registering Trademarks Branding Brands Branding 52

SpicyIP

MARCH 10, 2024

Kevin is a second-year law student at NLSIU Bangalore. Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

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Trademark Registration Trademark Law Law 119

IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Cease and Desist Trademark Registering Trademarks Business 98

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. In simple terms, trademark infringement occurs when the owner’s exclusive right is breached.

Trademark 57

Trademark Law Registering Trademarks Branding 57

Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Generic Trademark. Scholastic Inc.

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Trademark Registration Branding Brands 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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Intellectual Property Registration Trademark Personality Rights 76