Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. In 1989, the United States Patent and Trademark Office (USPTO) granted the registration with Registration no. 1572589 under Class-43 in favor of Taco John’s.

Registration 88

Registration Trademark Business IP 88

The IPKat

FEBRUARY 23, 2024

Facts Mr Auer, personally and through linked companies (the applicant), filed several Austrian trade mark applications to register the word “ATHLET” in classes 3, 9 and 12 every 6 months between 2007 and 2010 without paying the fees. This was possible under Austrian law. The trade mark was registered on 29 April 2014 with no. 207/2009.

Registration 67

Registration Law Patent 67

LexBlog IP

DECEMBER 19, 2023

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. 75800094).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The trade mark was registered on 23 March 2007. The history of the registration has been covered here. mm - excitation purity 0.860 - colorimetric purity: 0,894. 7(3) CTMR ).

Art 82

Art Registration Marketing Marketing 82

IPilogue

FEBRUARY 16, 2023

A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. The decision repeatedly referenced a similar cancellation request by Full Colour Black in 2019, which challenged the registration of a trademark for Banksy’s work, The Flower Thrower.

Trademark 105

Trademark Artwork Registration Art 105

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 82

Trademark Registration Intellectual Property Intellectual Property Law 82

The TTABlog

OCTOBER 5, 2023

As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. It failed to do so.

Advertising 69

Advertising Advertising Marketing Marketing 69

The TTABlog

DECEMBER 12, 2023

Since there were no limitations in the application or pleaded registrations as to channels of trade and classes of consumers, the Board presumed that the goods travel in the same, normal channels to the same consumer classes. 82 USPQ2d 1629, 1640 (TTAB 2007). So it all boiled down to the marks. The Wet Seal, Inc.

Designs 58

Designs Design Registration Business 58

The TTABlog

OCTOBER 26, 2021

84 USPQ2d 1845, 1847-48 (TTAB 2007) (temporary nature of specimens is not a characteristic that is “fatal” to registration). While the mark is not preprinted onto the tag, the fact that Applicant printed a label that it affixed to a preprinted tag is not prohibited nor does it make the specimen a mockup. See In re Chica, Inc.,

Registration 112

Registration Copyright 112

Kashishipr

JANUARY 12, 2022

Hashtags began to be first used on Twitter by Chris Messina in 2007, and since then, there has been no looking back. In the United Kingdom, a hashtag can be trademarked if it is not entrapped by section 3(1)b of the Trademarks Act, 1994 – as per which a mark can be refused registration if it is devoid of distinctive character.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

MARCH 28, 2024

Registration of films titles with associations Another way to go for producers or production houses in to register their titles with Associations namely like, the Indian Motion Pictures Association and the Indian Film and Television Producers Council (IFTPC). [12] These registrations aid in allocating precedence. Mondaq (Dec.

Cinema 82

Cinema Copyright Blogging Registration 82

The IPKat

MAY 2, 2023

Furthermore, Tesco argued that further applications in 2002, 2005 and 2007, were also made in bad faith because they were seeking to “evergreen” the 1995 registration recognising that the rights would be lost for non-use in each successive five year period.

Artistic Work 91

Artistic Work Registration Copyright Copyright Infringement 91

The IPKat

SEPTEMBER 4, 2023

Acedes, which acquired some of the assets of AC Cars in 1996, including the IP rights and goodwill relating to the mark “AC Cobra", registered the mark in the UK in 2007 (the AC Cobra Mark).

IP 70

IP Litigation Intellectual Property Registration 70

The TTABlog

DECEMBER 1, 2021

Dollar began using MONEY MART for "certain services in 1984 that fit under the the labels 'loan financing, check cashing, and electronic fund transfer services,'" and it owned a 2007 registration for the mark for "loan financing" services. Here, as the court concluded, the services are not the same.

Registration 59

Registration Designs Design Business 59

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. The Board found that the mark's commercial strength overcame any conceptual weakness.

Public Domain 72

Public Domain Designs Design Registration 72

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Selvam & Selvam Blog

APRIL 4, 2021

Regardless, this can be remedied by ensuring that the owner provides proof of the existence of the right by way of a registration certificate or a certified copy. 41 /2007-Customs dated October 29, 2007. 1] The Rules previously provided protection for patents as well. 2] Circular No.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

LexBlog IP

FEBRUARY 22, 2022

Previously, the Court of Appeals for the Federal Circuit’s (Federal Circuit) held in In re Bose that a trademark is only obtained fraudulently if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO. [2] The defendant made such a claim regarding the mark at issue.

Registration 52

Registration Trademark Marketing Marketing 52

LexBlog IP

SEPTEMBER 1, 2021

Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.

Registration 52

Registration Music Branding Brands 52

Kashishipr

AUGUST 24, 2022

The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. Class 35 – Dealing with office functions, advertising, business administration, and business management. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The right to cancel a design registration is one of these rights. A petition for the Cancellation of Design Registration on numerous grounds can be filed. If the design has already been registered in India, the registration of the design can be cancelled. .” PROCEDURE.

Designs 52

Designs Design Registration Copying 52

The IPKat

OCTOBER 1, 2021

As background to a (lengthy) case leading to interesting decision of the General Court, the EUIPO’s department responsible for the trade mark register erroneously rectified the registration of Veuve Cliquot’s iconic orange mark as “another mark” or a “colour mark”, in lieu of a figurative mark. In 2015, Lidl Stiftung & Co.

Registration 139

Registration Law 139

Indiana Intellectual Property Law

AUGUST 4, 2021

The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” Trademark Registration Nos. Crepini allegedly sold its egg white thins products in at least three different packaging styles from early 2018 through 2019. Per the Complaint, Crepini owns U.S.

Social Media 52

Social Media Branding Brands Branding 52

IIPRD

OCTOBER 4, 2022

In 2007, Ethiopia moved to register the three types of Ethiopian coffee as Trademarks. Secondly, the Ethiopian government intended to increase their exporters control and bargaining power in the market, and thirdly, due to a large number of smallholder producers, the registration of GI was exceptionally difficult.

Intellectual Property 40

Intellectual Property Trademark Registration Licensing 40

IP and Legal Filings

MARCH 28, 2023

According to Section 29(4) of the Trademarks Act, use of a mark that is: Identical or similar to a registered trademark that already has a reputation in India; and Used on goods or services other than those covered by the registration constitutes trademark infringement in the form of dilution. Haute Diggity Dog, 507 F.3d 3d 252 (4th Cir.

Trademark 72

Trademark Branding Brands Branding 72

43(B)log

OCTOBER 1, 2022

Burstein: there are still children pending from the iPhone application filed in 2007. Maltbie: with fashion designs it’s possible to miss your window—you can get a TM registration and have no one to enforce it against by the time it issues. Maltbie: would like to see more on enforcement: how close does it have to be?

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Registrant Harwood International enjoyed a constructive first use date of October 6, 2014, the filing date of its underlying application. TMEP Section 903.06 (2022). Witco Corp.,

Service Mark 52

Service Mark Registration Advertising Advertising 52

IP and Legal Filings

JULY 21, 2022

Chris Messina was the first to introduce hashtags on Twitter in 2007, and there has been no going back since. Obtaining trademark registration for the firm’s unique hashtags gives the company an advantage if another company uses the same hashtag to advertise a competitive product or service in the same sector.

Trademark 82

Trademark Social Media Marketing Marketing 82

Velocity of Content

NOVEMBER 11, 2021

While this case stems from an issue in the fashion industry involving infringement of textile designs, the Court has been asked to decide about the effect of technical errors which have been discovered in the copyright registration process for the works in question.

Copyright 98

Copyright Publishing Reporting Copyright Infringement 98

SpicyIP

MAY 23, 2022

Abdul Sathar v Nodal Officer, Anti-Piracy Cell, Kerala Crime Branch Office & Anr, 2007. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Andhra Pradesh. Non-Cognizable and Bailable. Cognizable and Non-Bailable. Cognizable and Non-Bailable. State Govt. of NCT of Delhi v Naresh Kumar Garg, 2013.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

The IPKat

MARCH 2, 2022

The turn of his career path towards working as a patent professional took place in 2007, when he was enrolled as patent examiner at the Swedish Patent and Registration Office.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

The IPKat

NOVEMBER 6, 2021

40324 where registration of “FELCE AZZURRA” as an Historical Trade Mark was regarded by the Milan Court of First Instance as a key circumstance for the assessment of reputation. For instance, in Finland, a specific “ List of trade marks with a reputation ” (the “List”) was established in 2007.

Intellectual Property 91

Intellectual Property Branding Brands Branding 91

SpicyIP

AUGUST 10, 2023

It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. However, the application was opposed by Swiss Auto Products (Respondent) in 2007, and the notice of opposition was received by the Appellant on 24 October, 2011.

Trademark 98

Trademark Law IP Registration 98

The IPKat

NOVEMBER 29, 2022

Guy (John Hopkins UP, 2007, 348 p.) Another interesting focus of May’s book is the role of regional authorities in PDOs registration. In this post, this Kat would like to share some books which caught her GI-focused attention from historical and ethnological vantages. is a classic for those doing historical research on GIs.

Government 82

Government Law Registration Designs 82

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity. Can this challenge even be made at this point?]

Licensing 45

Licensing Advertising Advertising Registration 45

Copyright Lately

JULY 12, 2021

This case reminds me a lot of a lawsuit that Woody Allen successfully brought against American Apparel back in 2007. The copyright registrations referenced in the complaint are from various episodes of “Da Ali G Show,” in which Borat first appeared.) Woody Allen v. American Apparel.

Copyright 80

Copyright Advertising Advertising Settlement 80

The IPKat

MAY 8, 2022

. • The practice set out in the Examination Guide is silent as to how the Registrar’s enforcement of the protection of famous names under section 3(6) is to be reconciled with the existence of a relative right to object and the express prohibition contained in Article 2 of the Trade Marks (Relative Grounds) Order 2007.

Licensing 92

Licensing Related Rights Registration Publishing 92