The IPKat

MARCH 8, 2023

In such a situation, the owner may not invalidate the later mark or take action against its use in respect of the goods or services for which the later trade mark has been used, unless registration of the later mark was applied for in bad faith (Art. 9(1),(3) of Directive (EU) 2015/2436 (‘EUTMD’)). The plaintiff did not respond.

Cease and Desist 124

Cease and Desist Art Licensing Registration 124

SpicyIP

AUGUST 16, 2023

On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. a group company of Pepsi Inc.

Registration 98

Registration Settlement Branding Brands 98

The IPKat

JANUARY 12, 2023

207/2009 (being essentially identical to the currently applicable Art. 207/2009 is that the relevant public must establish a link between the trade marks in question in the sense that the later mark calls the earlier mark to mind. 207/2009 , i.e. an infringement of Rolex’ right to a trade mark with a reputation. 2017/1001 ).

Art 123

Art Branding Brands Branding 123

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 52

Registration Cease and Desist Ownership Advertising 52

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 TTABlog

FEBRUARY 8, 2022

The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. TTABlogged here ]. Plaintiff's only involvement was filing the Notice of Opposition.

Litigation 75

Litigation Branding Brands Branding 75

The TTABlog

DECEMBER 21, 2022

Applicant pointed out that the marks have co-existed since 2009 without actual confusion. Moreover, since applicant is in Miami and registrant in Atlanta, there would be no geographic overlap and almost no opportunity for actual confusion to occur. The Board, however, noted the lack of evidence of the extent of use of the cited mark.

Registration 79

Registration Designs Design Ownership 79

The TTABlog

SEPTEMBER 9, 2021

Petitioner Jason Green tripped over that particular hurdle in this proceeding seeking cancellation of a registration for the mark OMNI BIOTIC for food supplements. Respondent's witness testified that "since at least as early as 2009, IAP has steadfastly intended to use the OMNI BIOTIC mark in U.S.

Registration 59

Registration Copyright Law 59

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

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 80

Television Social Media Trademark Registration 80

LexBlog IP

SEPTEMBER 28, 2022

Since its establishment in 2009, by the Melbourne Law School in conjunction with the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the annual Francis Gurry Lecture on Intellectual Property has rightly become a highlight on the Australian IP calendar.

Intellectual Property 52

Intellectual Property Copyright IP Blogging 52

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

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. The 2009 law enacted for regulation of plant varieties in the country ensured that there is requisite protection provided to the breeders through a sui generis system. Image Source: Freepic].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

The IPKat

MARCH 24, 2022

Building on the momentum of the final push towards launch of the UPC, the EPO has launched a stake-holder consultation on a proposal to unify the "fragmented" system for SPC registration. The latest call for evidence by the European Commission is clearly based on the EU desire to extend the "EU unitary patent package" to SPC registration.

Registration 82

Registration Reporting Marketing Marketing 82

LexBlog IP

MARCH 15, 2024

Breitling argued that the term was generic (as it was barred from arguing that the term was descriptive, due to the registration’s incontestable status). ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

IP and Legal Filings

OCTOBER 26, 2022

The first Declaration (Prakas) on the Procedures for Registration and Protection of Geographical Indications, dated May 18, 2009, served as the basis for the registration of Kampot Pepper and Kampong Speu Palm Sugar. Once the association is established, an application for registration can be filed with the Ministry of Commerce.

Registration 81

Registration Trademark Law Ownership 81

SpicyIP

JANUARY 3, 2024

So much so that the when copyright in his works was expiring in 2009, the Trust owning copyright in Mahatma’s writing refused to petition the government to extend the term of copyright as was done in 1992 for Tagore’s works. Mandatory requirement of the registration of the work in order to institute a suit for copyright infringement.

Copyright Law 69

Copyright Law Copyright Law Registration 69

Indiana Intellectual Property Law

DECEMBER 23, 2022

according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. Registration No. Registration Date. Gema sells a variety of powder guns and spray equipment in this district and throughout the United States. The Defendant, First in Finishing, Inc., First in Finishing, Inc.’s OPTISELECT.

Trademark 52

Trademark False Advertising Patent Registration 52

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.

Trademark 126

Trademark Registration Marketing Marketing 126

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.

Registration 56

Registration Designs Design Copyright 56

SpicyIP

DECEMBER 26, 2021

The first date of sale in the application was stated to be in 2009, well prior to the application in question, thereby knocking out any possibility of sustaining any claim of a new variety. The order notes that the date in the application is stated to be 2002 in America, but 2009 in India.

Registration 122

Registration Patent Law Litigation IP 122

The IPKat

MAY 31, 2023

Consideration is inter alia given to the origin of the contested sign, use since its creation, commercial logic underlying the filing of the application for trade mark registration, and chronology of events leading up to the filing.

Registration 82

Registration Designs Design 82

The IPKat

NOVEMBER 30, 2021

207/2009 due to the date of filing of the application). 207/2009 “must be read with regard to the relevant provisions of EU law concerning the determination and protection of geographical indications as regards wine products” (paragraph 24). 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

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

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. Over time, the trademark underwent five changes before returning to its original form in 2009. However, a trademark needs to be distinctive in order to be eligible for registration and legal protection.

Trademark 87

Trademark Branding Brands Branding 87

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

The IPKat

DECEMBER 21, 2022

4 of Regulation 207/2009 ) The current regulation abandoned the requirement of graphical presentation and only requires the sign be capable of -- … being represented on the Register […] in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. (

Art 92

Art Registration Technology Law 92

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 hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Branding 81

Branding Brands Branding Trademark 81

IIPRD

APRIL 3, 2024

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. 2009 SCC OnLine Del 1647 Copinger, W. 2009 SCC OnLine Del 1647 [8] Copinger, W. Infringement Of IPR – Design or Artistic Work? Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

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

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 87

Marketing Marketing Trademark Registration 87

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 59

Registration Ownership Licensing Trademark 59

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

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

Copyright Lately

JULY 12, 2021

In 2009, Woody Allen settled a right of publicity and Lanham Act lawsuit for $5 million after his likeness from “Annie Hall” was used on a billboard for American Apparel. But the case settled in 2009 on the eve of trial for a cool $5 million – one of the few publicly reported settlements in cases like these.

Copyright 80

Copyright Advertising Advertising Settlement 80

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]

Trademark Law 91

Trademark Law Trademark Law Service Mark 91