The TTABlog

OCTOBER 20, 2023

Andrusiek's identical common law mark, also for comic books. The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further concluded that substantial evidence supported the Board's findings regarding Andrusiek's prior use.

Registration 73

Registration Trademark Service Mark Marketing 73

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Trademark Infringement. Trademark Counterfeiting. Cite to Ohio State v.

Artwork 96

Artwork Trademark Publishing Marketing 96

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

Registration 63

Registration Designs Design Trademark 63

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 59

Trademark Intellectual Property Branding Brands 59

The TTABlog

FEBRUARY 22, 2022

“become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Applicant's use of the "TM" symbol does not transform the phrase into a trademark.

Service Mark 76

Service Mark Advertising Advertising Registration 76

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Chicago IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

LexBlog IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. The was fatal to his priority claim and so the Board dismissed the opposition.

Advertising 52

Advertising Advertising Service Mark Branding 52

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. for protection of its trademark “L.O.L. Thus, in April 2022, deciding on a case brought by a U.S.

IP 132

IP Branding Brands Branding 132

The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Welch 2022.

Service Mark 82

Service Mark Designs Design Ownership 82

The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

Kashishipr

JULY 27, 2022

IP, undoubtedly, has a vital role to play in establishing the worth of a company in the industry by carrying its innovation, product value, and brand value and safeguarding its brand name in the market. This type of merger transaction helps increase the market size of the business. Understanding Mergers. Understanding Acquisitions.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

The TTABlog

JANUARY 17, 2024

The Board noted that "circles, like other basic shapes featured in trademarks or service marks, are not generally considered particularly distinctive." Furthermore, "the literal element of Respondent’s mark CROSSFIRST BANK is only partially distinctive and minimally distinguishing.

Designs 67

Designs Design Registration Service Mark 67

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” Boston Suburban registered the domain name “logan-car-service.com.”

False Advertising 83

False Advertising Advertising Advertising Copying 83

LexBlog IP

JUNE 14, 2023

The Alabama Code has a similar list of protectable interests. The general counsel’s memorandum challenges what legitimate business interests might constitute sufficient “special circumstances” to justify post-employment restrictions.

Confidentiality 52

Confidentiality Business Intellectual Property Service Mark 52

IP and Legal Filings

JUNE 8, 2022

The renown it gains helps ameliorate your competitive stride in the market. The Paris Convention, 1883- Patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition are all covered by the Paris Convention, which was enacted in 1883.

Registration 72

Registration Designs Design Intellectual Property 72

Garrigues Blog

SEPTEMBER 14, 2022

The Royal Warrant, which, as we said, allows holders to display the Royal Arms of the United Kingdom on their products, marketing communications, in their premises and on commercial vehicles, automatically lends prestige to a brand and most assuredly boosts the sales of those companies known as “official suppliers” of the British Crown.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

Trademark 73

Trademark Service Mark Registration Registering Trademarks 73

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.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP Whiteboard

NOVEMBER 18, 2020

A smartnumber®, or phone word, can be a valuable marketing tool if it is a highly patterned number, for example, 1800 222 222, or if it can be translated into a memorable phoneword, for example, 13 2287 (13 CATS). For example, the majority of the Panel in Inbound Telecommunications Pty Ltd, Phonename Marketing Australia Pty Ltd v.

Branding 40

Branding Brands Branding Business 40

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

IP and Legal Filings

AUGUST 3, 2023

Introduction In the world of trademarks , the primary purpose of a mark is to identify and distinguish the source of goods and services. However, not all marks are capable of being identified as valid trademarks. Image Sources : Shutterstock ] There are several possible reasons why a mark may fail to function.

Registration 52

Registration Branding Brands Branding 52

DuetsBlog

SEPTEMBER 8, 2020

Seemed like a great blog topic, for some day, given my distaste for the USPTO’s insatiable appetite for fusing informational refusals with trademark incapability. Since consumer perception controls trademark capability , favoring a review of the facts and circumstances (instead of incapability rules ) makes more sense to me.

Registration 59

Registration Branding Brands Branding 59

IP and Legal Filings

JULY 24, 2023

Content marked as “editorial use only” is not cleared for commercial use, ensuring compliance with legal and ethical standards, particularly in cases involving celebrities, people without consent, and trademarks, logos and service marks.

Licensing 87

Licensing Advertising Advertising Copying 87

IP and Legal Filings

SEPTEMBER 21, 2021

More specifically, several market research studies have noted that the introduction of trade dress protection has significantly benefited and furthered the food and beverage industry. However, trade dresses and their protection may fall under the ambit of the Trade Marks Act, 1999. Trade dress laws in the US and the UK.

Law 52

Law Branding Brands Branding 52