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Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

LexBlog IP

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212). In 2015, Chutter, Inc.

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. 2010 (42) PTC 572 (Del.) 2010 (42) PTC 572 (Del.)

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently-O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Their disagreement centers on the scope of “maintaining” a registration and policy concerns over deterring false statements. In 2006, Chutter, Inc.’s

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SpicyIP Weekly Review (September 6 – 12)

SpicyIP

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. The Ministry had claimed that 14.2 Other News from Around the World.

Reporting 104
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Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

LexBlog IP

2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. 2929764 ) for restaurant services. 1:08-CV-975-TWT.

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Can You Trademark A Hashtag?

Kashishipr

The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally. Therefore, if the hashtag is inherently distinctive, it would support and ease registration, and if not, additional efforts may be needed to amass publicity and extensive use.

Trademark 105
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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Registered Trademark. Unfair Advantages. Conclusion.