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Trade mark ownership: As easy as A-B-C?

LexBlog IP

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. Even font designs can attract specific intellectual property rights. At this point, it may be too late!

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TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar

The TTABlog

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. 90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. Nor were there any limitations on channels of trade or classes of consumers in the cited registration.

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Protecting Product and Packaging Designs in China Part I – Trademarks

LexBlog IP

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms

The TTABlog

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. equally oxymoronic? -

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Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud

The TTABlog

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks. See also Chem. Conmar Form Sys.,

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5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

43(B)log

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. Assignments before registration need not be in writing, but the evidence must be clear. “[R]equiring

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Citing Jack Daniel’s, the Ninth Circuit Reverses Itself and Clarifies the Test for Expressive Trademarks

LexBlog IP

The Court then unanimously overturned the Ninth Circuit’s ruling, holding that the parody dog chew toy resembling a Jack Daniel’s whiskey bottle fell outside the Rogers test because the challenged Jack Daniel’s trade dress was admittedly being used “as a designation of source for [VIP’s] own goods.”