IP and Legal Filings

SEPTEMBER 14, 2023

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The objective is to mislead the consumers knowing well the marketability of this concept.

Branding 78

Branding Brands Branding Trademark 78

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. Tahhira Somal.

Trademark 126

Trademark Registration Marketing Marketing 126

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

Trademark 119

Trademark Registration Trademark Law Law 119

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 ).

Registration 85

Registration Trademark Designs Design 85

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

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]. In Freudenberg Gala Household Ltd v.

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

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

IP and Legal Filings

MARCH 23, 2023

Because shareholders acquire shares on the stock market and have no personal access to the company, it is not possible to have every member present at every meeting. When the Satyam fraud occurred in 2009, the whole financial market trembled.

Government 88

Government Marketing Marketing Business 88

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

IP and Legal Filings

OCTOBER 12, 2021

In 2019, the global luxury wines and spirits market was valued at around $970 billion. 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.

Registration 52

Registration Intellectual Property Marketing Marketing 52

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

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

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? However, the reality of the market is quite different, since companies are increasingly operating under the same brand in the clothing, footwear, jewelery, watch and accessories industries.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

DECEMBER 21, 2021

In two joined decisions, the General Court considered non-use within the meaning of Article 51(1)(a) of Regulation No 207/2009. On 25th April 2017, Frito-Lay applied to revoke both of Monster’s registrations on the ground that the marks had not been put to genuine use within a continuous period of five years.

Registration 78

Registration Licensing Television Reporting 78

Biswajit Sarkar Copyright Blog

OCTOBER 2, 2023

Moreover, no company shall be allowed the registration of any of their patents or trademark if it bears the name of any person contained in 9A or any emblem as defined in the Schedule of the Act. Similarly, these provisions were applied in Montblanc’s 2009 case. This pen was introduced into the market in honour of Gandhi.

Intellectual Property 81

Intellectual Property Marketing Marketing Copyright 81

The TTABlog

JANUARY 24, 2022

Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark."

Designs 52

Designs Design Registration Music 52

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. vs Gujarat Co-Operative Milk marketing federation LTD. &

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IP and Legal Filings

OCTOBER 30, 2021

For the Nice classes which are chosen for the trademark registration, the matter is for the goods and services claimed for and the details thereof. If the trademark is very similar, then the goods and services must more likely differ. In case, the difference is not up to the mark then there are probable chances of the likelihood of confusion.

Trademark 52

Trademark Registration Marketing Marketing 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. In 2017, China closed down its domestic cryptocurrency exchanges at a time when 90% of all bitcoin trade worldwide took place on their speculative market.

Government 70

Government Marketing Marketing Business 70

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. This means that registration will only be granted when the proprietor could show prior and continuous use and the customers could relate the name with his product 4.

Trademark 52

Trademark Registering Trademarks Registration Licensing 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

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. The growth rate was 0.8%

Registration 59

Registration Designs Design Intellectual Property 59

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

Marketing 57

Marketing Marketing Ownership Advertising 57

The TTABlog

MAY 31, 2022

In a 55-page opinion, the Board dismissed this eight-year-old TTABattle between two sets of Mexican lawyers over registration of the marks CREEL and CREEL, GARCÍA-CUÉLLAR, AIZA Y ENRÍQUEZ for "legal services." in 2009, that the mark CREEL has appeared on its masthead for many years, that it has served many U.S.-based

Registration 52

Registration Law Marketing Marketing 52

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

Trademark 59

Trademark Publishing Journalism Copyright 59

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). Registered Trademark. Remedies Available For Owner.

Trademark 59

Trademark Law Registering Trademarks Branding 59

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. The plaintiff by these advertisements has gained a big market all over the world. COURT’S DECISION.

Trademark 82

Trademark Branding Brands Branding 82

IP and Legal Filings

MARCH 7, 2022

The owner of a trademark is only protected if the trademark is registered with the Indian trademark registration. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). Registered Trademark. Remedies Available For Owner.

Trademark 56

Trademark Law Registering Trademarks Branding 56

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This can a lesson for the companies interested in the metaverse. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

The TTABlog

JUNE 10, 2021

The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. We are constrained to resolve that doubt in favor of Applicant. See Cold War Museum, Inc. Cold War Air Museum, Inc. , 3d 1352, 92 USPQ2d 1626, 1629 (Fed. Chesapeake Marine Tours Inc.,

Advertising 52

Advertising Advertising Social Media Marketing 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. 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.

IP 40

IP Intellectual Property Branding Brands 40

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

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

The IPKat

JUNE 11, 2022

It was also noted that this conclusion was reached by the BoA without deeming it necessary to assess whether sales figures for iMac computers since 2009 were sufficient to demonstrate genuine use of the marks. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Branding 97

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. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009.

Trademark 104

Trademark Registration Cease and Desist IP 104