The IPKat

JANUARY 19, 2023

Background PWT obtained the international registration for the figurative trademark No. Background PWT obtained the international registration for the figurative trademark No. The Opposition Division upheld the opposition ( B 2 712 977 ). PWT appealed the decision. The Board of Appeal upheld the appeal ( R 2389/2020-4 ).

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The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). 207/2009 due to the date of filing of the application). It held that the opposition was not well founded under Article 8(6) of Regulation No.

Public Domain 120

Public Domain Designs Design Registration 120

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

Trademark 85

Trademark Branding Brands Branding 85

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.

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Public Domain Designs Design Registration 72

The TTABlog

DECEMBER 29, 2021

Applicant contended that the registrant 'made a conscious decision to not list hockey gloves as part of its goods," and furthermore that the cited mark is distinguishable because of the dominant red X. In addition, he provided eleven use-based, third-party registrations for marks covering various athletic gloves and hockey sticks.

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Registration Designs Design Copyright 54

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

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Designs Design Registration Music 52

IP and Legal Filings

OCTOBER 18, 2022

The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants. As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. Image Source: Freepic].

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SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. 1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Controller of Patents and Designs.

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The IPKat

MAY 31, 2023

The Board therefore concluded that there was nothing to indicate that the dissimilar goods and services under appeal had been designated dishonestly to block legitimate trade mark use by a competitor. Coinbase Inc subsequently appealed to the General Court.

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Registration Designs Design 82

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

The IPKat

DECEMBER 21, 2022

Prior to the reform, protectable signs were only those -- … capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging. ( Until then, tactile trade marks cannot likely be protected by way of registration in the EU.

Art 92

Art Registration Technology Law 92

The IPKat

JUNE 20, 2023

Since 2009, the defendant has offered and promoted a guide for prospective police officers, which aims to prepare them for psychological tests that are covered by the Multiselect mark. EUIPO has exclusive jurisdiction over the registration of EU trade marks and oppositions. 7(1)(d) EUTMR ). As the CJEU wrote:-- [ Art.

Art 87

Art Registration Law Licensing 87

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

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IP and Legal Filings

OCTOBER 23, 2023

The registration of trademarks provides legal protection and remedies in case of infringement. The registration process needs to be simplified and made more accessible to small businesses and entrepreneurs who are unable to afford the high costs of trademark registration. 27-10-2009). [8] 344/2018]. [6] 344/2018]. [7]

Marketing 85

Marketing Marketing Trademark Registration 85

Garrigues Blog

DECEMBER 6, 2022

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? The Opposition Division held that “it is undeniable that these products are often sold as luxury items of famous well-known designers and manufacturers.

Trademark 52

Trademark Branding Brands Branding 52

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. Lal Babu Priyadarshi [9]. 7] 2005 (3) AWC 2097. [8]

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Trademark Law Trademark Law Service Mark 89

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

IP and Legal Filings

OCTOBER 12, 2021

The Champagne region of France has continued a tradition of sourcing grapes from a particular designated region. 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.

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Registration Intellectual Property Marketing Marketing 52

The IPKat

OCTOBER 31, 2023

That being said, and although the earlier marks must be accorded a minimum degree of distinctiveness on account of their registration, the EU trade mark regime which stems from the EUTMR (including the assessment of the inherent distinctive character) is an autonomous regime which must be applied independently, on the basis of EU law alone.

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Registration Law Designs Design 73

The IPKat

FEBRUARY 13, 2023

Background Swami Vidyanand designated the EU in its International Registration no. This line of case law is supported by the recent General Court judgment in YAplus DBA Yoga Alliance v EUIPO (case T-443/21 ). YAplus DBA Yoga Alliance filed an opposition on the basis of its EU trade mark no.

Registration 76

Registration Law Designs Design 76

The IPKat

DECEMBER 17, 2021

If the public does not misleadingly assume a connection with the authority using such a symbol, the registration thereof seems permissible. Symbols that are of particular public interest do not enjoy absolute protection.

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Registration Reporting Designs Design 141

The IPKat

DECEMBER 31, 2021

As such, there is no requirement that consumers need to memorize the sign exactly and in its entirety for the sign to be eligible for registration. The second image is by 3D Illustrator and Graphic Designer from Pixabay. Accordingly, the contested decision was annulled, and the sign was registered for all claimed goods.

Graphic Design 83

Graphic Design Intellectual Property Music Trademark 83

IIPRD

OCTOBER 17, 2022

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. For example, in 2009 the owner of a physical TASER gun sued Liden Lab stating that the users of Second Life are infringing the TASER’s trademark by creating a version of the TASER gun and trading them in Second Life. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Biswajit Sarkar Copyright Blog

OCTOBER 2, 2023

This provision’s presence is in consonance with Section 3 and 4 of the Act lays down that no person shall use the name or pictures of any entity mentioned in 9A for any patent, trademark, design or colorable imitation without the prior permission of the Central Government. Similarly, these provisions were applied in Montblanc’s 2009 case.

Intellectual Property 81

Intellectual Property Marketing Marketing Copyright 81

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. The registration and management of trademarks was another essential component.

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Trademark Social Media Advertising Advertising 86

IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability. Jewellers Pvt.

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Registration Trademark Trademark Law Business 52

43(B)log

FEBRUARY 19, 2022

Fact also delineates specific categories—1960 report of meaning of “writings” that is a precursor to 102(b) lists ideas, dress designs, reports of current events, names/titles. Common shapes, originality, useful art, labels/logos, jewelry design are being rejected. Karp is misreading both George and the spirit of ©.

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Copyright Moral Rights Artwork Art 59

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').

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Registration Advertising Advertising Law 134

IIPRD

FEBRUARY 23, 2021

General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. In 2009, State Bank of India advanced a loan of over Rs.

IP 40

IP Intellectual Property Branding Brands 40

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

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IP Intellectual Property Registration Registering Trademarks 105

IP Intelligence

JUNE 3, 2021

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. The court held that there were no valid grounds for cancellation of the registration, since fraud was not proven.

Copyright 52

Copyright Registration Designs Design 52

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. The Composite Design Mark registration specifically acknowledged that it made “no claim. the public about the STURGIS Registrations.”

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Cease and Desist False Advertising Registration Licensing 64

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Dr. Reddy’s Labs Ltd. Promoshirt SM SA v.

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Registration Trademark Copyright Music 105

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. What’s often involved is to find a new name, get a new logo and website, pay for new signage, new menu designs, and flyers. For 12 years he used this name. Rebranding Costs are Not Negligible.

Business 52

Business Branding Brands Branding 52

SpicyIP

OCTOBER 16, 2023

Syngenta Limited vs Controller Of Patents And Designs on 13 October, 2023 (Delhi High Court) Image from here A Division Bench of the Delhi High Court responded to the questions on divisional applications referred to it by the Single Judge earlier. . & Tejaswini writes on this development. Image from here Raytheon Company v.

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