IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

Marketing 85

Marketing Marketing Trademark Registration 85

SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

Trademark 126

Trademark Registration Marketing Marketing 126

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. ” 15 U.S.C. §

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

The IPKat

FEBRUARY 20, 2024

On 23 August 2021, CeramTec applied for registration of three European Union trade marks (EUTMs): the three-dimensional mark No 10 214 179 in the colour ‘pink, Pantone 677 C’ (to the upper right), the figurative mark No 10 214 112 in the colour ‘pink, Pantone 677 C’, and the mark No 10 214 195 consisting in the colour pink, Pantone 677 C.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc. Satheesh Madhav and Anr.

Trademark 126

Trademark Invention Patent Art 126

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. The United States Patent and Trademark Office issued Patent Nos. Registration No. Registration Date. The Defendant, First in Finishing, Inc., First in Finishing, Inc.’s OPTISELECT. The case was assigned to Judge Jane E.

Trademark 52

Trademark False Advertising Patent Registration 52

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. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

The IPKat

SEPTEMBER 11, 2023

14 of the IPC) of the ban on the registration of trade marks that evoke, usurp or imitate PDOs and PGIs protected under state or European Union law and International Agreements to which Italy or the European Union are parties. Back in 2009, Art. The new wording of Art. Lawfulness and third-party rights.

Art 73

Art Registration Law Trademark 73

IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

Trademark 82

Trademark Branding Brands Branding 82

Intellectual Property Brief

APRIL 23, 2021

In the “StrongVolt Case,” an electronic goods trademark is voided under the use in commerce requirement for a valid registration. In 2009, Matey Michael Ghomeshi.

Registration 52

Registration Trademark Intellectual Property IP 52

IPilogue

APRIL 26, 2022

based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”). EOS applied for the mark’s registration in a black and white colour scheme in 2016.

Social Media 119

Social Media Registration Marketing Marketing 119

IP and Legal Filings

MAY 30, 2023

Nonetheless, trademark infringement has grown to be a serious problem there, with legal repercussions for the owners. Thus, raising a very valid question that whether a themed restaurants violate trademark rights of the show it is based upon? Theft of trademarks may be a bigger issue for character-themed cafés.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

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? The possibility of consumers’ associating the goods of a particular trademark is greater when that mark is well-known.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 59

Trademark Law Registering Trademarks Branding 59

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The court while taking due note of the arguments raised by both sides observed the fine line of difference between the definition of the words mark and trademark in the Trade Marks Act, 1999.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 56

Trademark Law Registering Trademarks Branding 56

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

The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. In December 2019, the U.S. TTABlogged here ]. 7-3 at 1-4.)

Litigation 75

Litigation Branding Brands Branding 75

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. One such instance is the advent of green trademarks or eco-marks.

Branding 78

Branding Brands Branding Trademark 78

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. The term was used in smaller print, near other descriptive terms.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

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 78

Television Social Media Trademark Registration 78

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

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 78

Registration Trademark Law Ownership 78

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].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

LexBlog IP

FEBRUARY 22, 2022

Great Management Group, LLC , a precedential decision, the Trademark Trial and Appeal Board (TTAB) held that recklessly false representations made during the course of the trademark application process satisfy the level of intent required to support a finding of fraud before the United States Patent and Trademark Office (USPTO). [1]

Registration 52

Registration Trademark Marketing Marketing 52

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. United Trademark Holdings, Inc. Disney Enterprises, Inc. 2022 USPQ2d XXX (Fed.

Public Domain 72

Public Domain Designs Design Registration 72

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." The Board also pointed out that "as between a manufacturer and distributor, the manufacturer is presumed to own a trademark applied to the goods." See also Chem.

Ownership 52

Ownership Registration Trademark Contracts 52

IP and Legal Filings

OCTOBER 30, 2021

When we speak for trademark protection , this protection applies to the defined scope of goods and services under which the trademark is registered. Due to this, there are instances that the trademark is protected several times under various goods or services. The case was before the EUIPO Board of Appeal. ECJ decision.

Trademark 52

Trademark Registration Marketing Marketing 52

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. While a generic term cannot become a trademark, a trademark can become generic.

Designs 52

Designs Design Trademark Branding 52

The IPKat

APRIL 23, 2023

Kat friend Ann-Kathrin Goller discusses a recent decision in Australia that portends a significant departure from the approach taken in many jurisdictions regarding the role of reputation in a trademark infringement dispute. Notably, the class 3 registration is a defensive trade mark.

Law 122

Law Registration Branding Brands 122

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

The IPKat

DECEMBER 31, 2021

On 25 September 2020, the EUTM application was refused under Article 7(1)(b) of Regulation 2017/1001 (EUTMR) on the ground that the sign cannot function as a trademark and would not be perceived by consumers as a badge of origin. Listen here to the sound. Credits: The first and fifth images are by Gerd Altmann from Pixabay.

Graphic Design 83

Graphic Design Intellectual Property Music Trademark 83

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

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

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

IPilogue

FEBRUARY 3, 2023

I have been teaching and researching in intellectual property law at Osgoode since joining the faculty in 2002 and have served as Academic Director of Osgoode’s Professional LLM in IP law since 2009. In other words, I am very well acquainted with all things Osgoode and IP!

IP 81

IP Intellectual Property Law Intellectual Property Journalism 81

IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. 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. Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45