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.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 93

Trademark Registering Trademarks Branding Brands 93

IPilogue

SEPTEMBER 22, 2021

Which trademark battle? THE trademark battle—the one over who owns trademark rights in the word “THE”. In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods.

Trademark 105

Trademark Branding Brands Branding 105

IP Intelligence

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. In Sugar Free Specialties, the applicant sought registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” 90706411 (TTAB Dec. 7, 2022) (not precedential).

Registration 52

Registration Trademark Patent 52

LexBlog IP

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. In Sugar Free Specialties, the applicant sought registration of “SMALL WINS” for “sweets and candies, namely, gummies and soft candies.” 90706411 (TTAB Dec. ” Id.

Registration 52

Registration Trademark Patent Intellectual Property 52

IP Tech Blog

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. There was no dispute that the mark obtained in 2005 was not obtained fraudulently.

Registration 62

Registration Trademark Blogging IP 62

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.

Trademark 52

Trademark Trademark Law Registration Intellectual Property 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked? The post Trademark War for THE.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In Great Concepts LLC v. Chutter, Inc. ,

Registration 52

Registration Trademark Patent Technology 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked?

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked?

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng. The Decision.

Trademark 115

Trademark Registration Designs Design 115

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

Registration 62

Registration Trademark Law Registering Trademarks 62

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. In March 2005, the mark was registered ( Registration No. Then, in June 2005, Dan Tana applied to register DAN TANA for restaurant services.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

The TTABlog

DECEMBER 21, 2021

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). Nor did respondent have advertising material or seek FDA approval.

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Registration Contracts Advertising Advertising 51

The IPKat

JANUARY 13, 2023

The registrability of slogans as trade marks was examined not too long ago by the First Board of Appeal the EUIPO. By its decision in Case R 664/2022-1 the Board of Appeal refused the application for the registration of the slogan “TAKE FIVE” (reported by the IPKat here ). 30/2005 (as implemented pursuant to art.

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Registration Art Reporting Trademark 83

Kluwer Copyright Blog

NOVEMBER 26, 2023

Years later, in 2005, the U.S. Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.

Registration 60

Registration Copyright Law Artwork Copyright 60

Kashishipr

OCTOBER 20, 2021

India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. Before the amendments of 2005, pharmaceutical manufacturers were not granted patents. They took into consideration Section 3(d) of the Indian Patents (Amendment) Act, 2005. However, after the changes, the rights of the manufacturers were recognized.

Patent 105

Patent Intellectual Property Inventor Government 105

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. The district court enjoined further infringing uses of Hetronic trademarks “within and outside of the United States.” trademark.” Hetronic International, Inc.

Advertising 59

Advertising Advertising Trademark Branding 59

SpicyIP

AUGUST 7, 2023

Trademark A Division Bench of the Delhi High Court clarifies that a Division Bench is not restricted by the limitations on intra-court appeals u/s 13 of the Commercial Courts Act while hearing a letter patents appeal against an order passed u/s 57. and held that a revocation petition cannot be regarded as a suit. Hero Investocorp Ltd. &

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

43(B)log

JUNE 14, 2022

It has a registration for a word plus design mark (application in 2018) for “[p]romoting public awareness of the need for educating citizens about policies and issues in the political process and encouragement for greater participation in the political process through voter registration, voting, and advocacy.” Kremer, 403 F.3d

Social Media 59

Social Media Registration Trademark Designs 59

SpicyIP

JANUARY 29, 2024

Other Posts Journey Through “Decembers” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of December’s posts on SpicyIP this weekend! The plaintiff argued that such an act was against Section 30(4) of the Trademark Act, 1999. Read SpicyIP tidbit on this development.

Music 59

Music Intellectual Property Copyright IP 59

The IPKat

MAY 9, 2024

The Applicant raised arguments in support of the trade mark’s distinctiveness, highlighting that the use of the combination of strap, knot, and ribbons with metallic pendants dated back to 2005 and that there is an established practice in the footwear industry for using position marks (EU trade mark EU trade mark no.

Marketing 62

Marketing Marketing Intellectual Property Designs 62

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful.

Registration 57

Registration Ownership Licensing Trademark 57

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. respectively.

Registration 59

Registration Designs Design Intellectual Property 59

SpicyIP

MARCH 4, 2024

Other Posts Journey Through “Januarys” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of January’s posts on SpicyIP! Navigating Denied Filings: Trademark Justice at the Crossroads of the Commercial Courts Act DHC’s recent order in TTK Prestige v. Oppo proceedings.

Invention 59

Invention Trademark IP Patent 59

IP and Legal Filings

MARCH 29, 2022

There are different legislations and acts such as the Patents (Amendment) Act 2005, Copyright (Amendment) Act 1999, The Trademark Act 1999, The Designs Act 2005, and many more to regulate and protect India’s intellectual property rights. Databases may be protected by special database laws or copyrights.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 52

Registration Ownership Licensing Trademark 52

Above the Fold

JULY 27, 2021

Sunpoint argued that, in a prior cancellation proceeding between the parties based on the same registrations Valvoline asserted in the current opposition proceeding, the Board determined that Valvoline had failed to prove Sunpoint’s MAXVOLINE mark was likely to cause consumer confusion with Valvoline’s VALVOLINE and MAX LIFE marks.

Intellectual Property 52

Intellectual Property Licensing Registration Litigation 52

Patently-O

AUGUST 4, 2021

Notably, their application has been denied by the United States Patent and Trademark Office (USPTO), the United Kingdom Intellectual Property Office (UKIPO), and the European Patent Office (EPO). The grounds for rejection have included a mix of procedural formalities, formal legal requirements, and theoretical objections.

Invention 127

Invention Patent Inventor Intellectual Property 127

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

Designs 52

Designs Design Trademark Intellectual Property 52

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Trademark as Collateral in the US.

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IP Intellectual Property Branding Brands 40

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. The defendant highlighted an admission by the Plaintiff during the trademark prosecution that the words in the mark were “common English words” of descriptive nature.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

NOVEMBER 8, 2023

Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) did not have the authority to cancel the registration of a mark made incontestable by way of a fraudulent declaration. This time, the petition was based on the fraudulent 2010 filing made to support the registration.

Registration 52

Registration Trademark Litigation Patent 52

SpicyIP

NOVEMBER 13, 2023

Journey Through “Octobers” on SpicyIP (2005 – Present) The October “Flashbacks” are here! Lokesh covers another super interesting round of discussions stemming from SpicyIP’s Octobers (2005-present)! Read Yogesh’s take on this to know more. Viridian Development Managers Pvt. Reena Rajpal & Anr.

Trademark 59

Trademark Copyright IP Registration 59

Canadian Intellectual Property Blog

FEBRUARY 3, 2021

Words and logo designs tend to steal the show when it comes to what many typically associate with the term “trademark”. What is often underrepresented is that trademarks can be used to interact with consumers beyond their two-dimensional, visual components. Trademarks Act). Trademarks Act).

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Trademark Branding Brands Branding 52