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Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

In response, the Pune eatery contended that there neither existed any similarity between both parties trademarks, nor did Burger King US provide its services under the contested trademark before 1992. As highlighted by Burger King US, it has registered its trademark Burger King in several jurisdictions including India over the years.

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USPTO awkwardly forgets to follow the rules on trademarks for grass varieties. but naming conflict still resolves amicably

The IPKat

UGA then sought to register trademarks for the name SEABREEZE in relation to "Turfgrass, namely, natural turf; turfgrass, namely, seashore paspalum; sod, sprigs, and grass plugs." If the mark is already in use as a denomination, the examiner must refuse registration or require a disclaimer. What went wrong?

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SpicyIP Weekly Review (January 20 – January 26)

SpicyIP

Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! The plaintiff claimed to have adopted the trademarks in 2006, acquired a registered design in 2019, and built significant goodwill for his products. Is a Script a Dramatic or a Literary work? Nipun Gupta & Anr. Pratibha Prop.

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The Concept of Family of Trademarks

Kashishipr

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning.

Trademark 105
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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

MR. CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently-O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. In 2006, Chutter, Inc.’s

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Evergreening of Patents

Kashishipr

After the changes of 2005, the Madras Patent Office , in 2006, rejected the application from Novartis for the drug Glivec stating that the said drug did not exhibit any major changes in therapeutic effectiveness over its pre-existing form, which was already patented outside India.

Patent 105