Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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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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Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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JD Supra Law

APRIL 22, 2024

2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham Act, 15 U.S.C. 1119, provided that the litigation involves infringement of a registered trademark. Coast Agric., 4th 668 (9th Cir.

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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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Above the Fold

MARCH 31, 2022

The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important commonalties but also have key differences. Principal Register. Supplemental Register.

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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. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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SpicyIP

MARCH 10, 2024

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. His previous posts can be accessed here.

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IP and Legal Filings

JANUARY 22, 2023

Introduction To make it easier for consumers to identify the source of a specific commodity or service, trademarks serve this goal. This is why having a trademark is so crucial to the economy. A trademark communicates to the consumer the origin and calibre of the products or services. Defendant No.

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IP Watchdog

OCTOBER 19, 2023

Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark.

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Patent Trademark Blog

JANUARY 26, 2023

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. These costs, however, should pale in comparison to the costs of litigation.

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Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? 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.

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SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. For a well-known trademark, range of protection extends to dissimilar goods and services as well. The respondent, FCB Garment Ltd.

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter. Its unauthorised use, hence, may be considered as infringement, where it is registered. By Dr. (Prof.)

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IPilogue

FEBRUARY 8, 2022

Trademarks are an excellent way to protect your brand. Unlike patents or copyrights which protect specific products or works, a trademark distinguishes your company from others. The important thing to remember with trademarks is that they must always function to identify your company as the source of the goods or services.

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IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. The post Trademark Infringement Get So “Lucky” first appeared on IPLF.

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LexBlog IP

JUNE 13, 2022

As a trademark attorney (since I can’t seem to turn it off), I appreciate the legal complications of product placement. Brand owners are obviously concerned about protecting their brand, and there is oftentimes a registered trademark underlying the brand, which is supposed to grant the brand owner certain rights.

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IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. Unlike the TLT, the Singapore Treaty applies generally to all marks that can be registered under the law of a Contracting Party. Introduction.

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Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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Canadian Intellectual Property Blog

JUNE 22, 2022

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. 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.

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LexBlog IP

MARCH 31, 2022

The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important commonalties but also have key differences. Principal Register. Supplemental Register.

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Registration Trademark Registering Trademarks Ownership 52

IP and Legal Filings

SEPTEMBER 21, 2022

Now the question arises that how does this practice of AdWords leads to Trademark infringement? Trademarks are the words, symbols or phrases that are legally registered by a company on its name by stating that these things are representing our business and no one can use it further to promote their business.

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Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

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SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble.

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IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. 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.

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LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Why you need new trademark registrations now. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

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IP Watchdog

AUGUST 6, 2021

Department of Commerce files trademark applications to protect USPTO branding and enforce against third parties sending malicious solicitations to registered trademark owners.

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SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

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Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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Trademark Blogging Trademark Law Fair Use 101

IP and Legal Filings

MAY 17, 2022

Trademark in Bahrain. ?????????A A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. In addition, a mark of sound or smell can be considered a trademark. Things that can be registered in Bahrain. If the proprietor wish?

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