IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. 27-10-2009). [8] Nakul Bajaj & Ors. [4]

Marketing 83

Marketing Marketing Trademark Registration 83

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Issues and Barriers to the Registrability of Smell-marks.

Trademark 126

Trademark Registration Marketing Marketing 126

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

Artistic Work 45

Artistic Work Designs Design Copyright 45

Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? But does this mean that a famous mark can extend its status and prevent the registration of third parties’ trademarks for any goods or services?

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

MAY 30, 2023

When a business or person uses a registered brand without authorization, creating consumer confusion or deceit, this is considered a trademark violation. For instance, NBC continues to sell a lot of items with the “FRIENDS” mark even after the famous sitcom finished airing, increasing its status as a distinguishing brand.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

The IPKat

APRIL 23, 2023

Notably, the class 3 registration is a defensive trade mark. Further, the High Court emphasised that the Trade Marks Register must speak for itself and enable a person to identify what marks are registered, and the scope of the registration. A mark’s reputation is, of course, not a particular on the Register.

Law 122

Law Registration Branding Brands 122

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. Roth Kase grew to an 80-million-dollar business and Emmi Roth USA, Inc.

Designs 52

Designs Design Trademark Branding 52

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.

Trademark 59

Trademark Law Registering Trademarks Branding 59

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. It demonstrates to a buyer where a product came from and how much he can trust that product based on the brand value associated with it. Trademark Infringement. Indirect Infringement. Registered Trademark.

Trademark 56

Trademark Law Registering Trademarks Branding 56

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." registration for GJERGJ KASTRIOTI SKËNDERBEU in standard character form, which it secured without objection from GKS. See In re Bose Corp., ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

IP and Legal Filings

OCTOBER 12, 2021

This implies that the registration of a particular trademark may be refused if it attempts to identify with certain wines and spirits that does not originate from the region that the GI tag is related to. Rise in foreign and Indian liquor brands registering for GI tags. Over the years, Indian liquors have also acquired GI tags.

Registration 52

Registration Intellectual Property Marketing Marketing 52

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

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. In Parul Food Specialities Pvt. Lal Babu Priyadarshi [9].

Trademark Law 87

Trademark Law Trademark Law Service Mark 87

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc. COURT’S DECISION.

Trademark 80

Trademark Branding Brands Branding 80

The IPKat

DECEMBER 31, 2021

Danjaq further referred to the third draft of the CP11 (released in June 2020 ) that observed that “as sounds are increasingly being used in trade as part of a branding strategy, consumers are also more likely to perceive them as indications of commercial origin”. Furthermore, despite that the Guidelines (Part B, Section 4, Chapter 3, No.

Graphic Design 83

Graphic Design Intellectual Property Music Trademark 83

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. Emmi Roth, through its predecRoth Kase USA, Inc., called “Grandcru Gruyere.”

Designs 40

Designs Design Branding Brands 40

Selvam & Selvam Blog

NOVEMBER 3, 2022

Justice Singh in her order has deliberated the question of whether the registration of the trademark ‘Fly High’ by the plaintiff could prevent the defendant from using the phrase ‘Fly Higher’ in their promotional campaigns. that is not capable of acting as a source identifier.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

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.

Registration 59

Registration Designs Design Intellectual Property 59

SpicyIP

MAY 10, 2023

1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Shell Brands International AG v. The T hree Orders Now, let’s look at the three cases in hand. Rosemount Inc. see my post on this order here.)

Trademark 126

Trademark Invention Patent Art 126

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously. and Class 5.2 Aditya discussed Google v.

Trademark 59

Trademark Publishing Journalism Copyright 59

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. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009.

IP 40

IP Intellectual Property Branding Brands 40

The TTABlog

JUNE 10, 2021

Nonetheless, applicant argued that relevant consumers perceive COOKINPELLETS.COM as its brand name," and the evidence showed that some third-parties use or understand COOKINPELLETS (with or without a space) and COOKINPELLETS.COM as capable of serving as a source indicator. In re Gould Paper Corp., 2d 1017, 5 USPQ2d 1110, 1112 (Fed.

Advertising 52

Advertising Advertising Social Media Marketing 52

azrights

MARCH 23, 2022

One person who clearly didn’t understand this was Mr Gu who set up a Chinese takeaway in Barrow-in-Furness in 2009 using the name China Tang. One reason people tend to be confused into believing it is acceptable to use their chosen name is that they managed to secure their desired company name or domain name registration.

Business 52

Business Branding Brands Branding 52

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

Registration 134

Registration Advertising Advertising Law 134

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016).

Advertising 97

Advertising Advertising Reporting Branding 97

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. The plaintiff also alleged that the examination of impugned trademarks was faulty, registration should have been denied under Section 11(1)(b) of Trade Marks Act, 1999. Intergrow Brands Pvt. Drop a comment below to let us know. On the occasion of Prof.

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Kashishipr

AUGUST 2, 2021

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

Trademark 104

Trademark Registration Cease and Desist IP 104

Kashishipr

AUGUST 4, 2021

In the age of cryptocurrency, the first move was advanced by the introduction of Bitcoin, which was introduced in a white paper in 2008, and then it came to be launched in 2009. This, in turn, is rewarded with the newly created cryptocurrency. Since then, there have been more than 2500 cryptocurrencies.

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105