LexBlog IP

OCTOBER 20, 2023

As detailed in the opinion , the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability. In March 2005, the mark was registered ( Registration No. Then, in June 2005, Dan Tana applied to register DAN TANA for restaurant services.

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Registration Registering Trademarks Trademark Ownership 52

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 84

Trademark Registration Intellectual Property Intellectual Property Law 84

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Tugce Kucukali is an IPilogue Writer and incoming LL.M. Hasbro v EUIPO.

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

Patently-O

FEBRUARY 4, 2024

In a 2010 article, I concluded that “the current design patent examination system operates as a de facto registration system” with very little obviousness analysis except in cases of clear copying. See you there (REGISTRATION).

Design Patent 53

Design Patent Designs Design Patent 53

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 121

Plagiarism Today

APRIL 27, 2022

Yossman at Variety reports that Kanye West’s 2010 song Power has drawn a lawsuit against Universal Music Group (UMG) over a sample the song contains of the King Crimson’s song 21st Century Schizoid Man. 2: Kanye West’s King Crimson Sample in ‘Power’ Sparks Lawsuit Against Universal Music. Next up today, K.J.

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Music Art Artwork Copying 193

Patently-O

OCTOBER 18, 2023

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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Registration Trademark Law Registering Trademarks 64

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP Tech Blog

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” Section 14 allows for a petition to cancel registration of a mark that was “obtained fraudulently.”

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Registration Trademark Blogging IP 62

LexBlog IP

AUGUST 16, 2021

IPNews® – On August 12, 2021, Louis Poulsen A/S submitted a trademark opposition against Google for the trademark “Nest” The trademark cited in the opposition notice relates to the LP Nest brand — which filed for registration back in June 2010.

Trademark 52

Trademark Branding Brands Branding 52

Erik K Pelton

DECEMBER 31, 2021

An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. 2010: [link]. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

SpicyIP

SEPTEMBER 13, 2021

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.

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Reporting Registration Trademark Registering Trademarks 104

LexBlog IP

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” Chutter, Inc. , The operative facts of the case are relatively straightforward.

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Registration Trademark Patent Technology 52

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Petitioner claimed a first used date in 2008. Otto Roth , 640 F.2d

Law 52

Law Registration Designs Design 52

LexBlog IP

JANUARY 16, 2024

There was no substantive change in this modified version of the prior opinion where the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability. 2929764 ) for restaurant services. 1:08-CV-975-TWT.

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Registration Due Diligence Trademark Registering Trademarks 52

43(B)log

APRIL 28, 2022

19, 2022) Harley’s Hope launched in 2010; it owns a 2021-issued registration for “HARLEY’S HOPE FOUNDATION,” for “Charitable foundation services, namely, providing financial support to pet parents for veterinary assistance and programs” and a 2012 Colorado state registration. Harley’s Dream, 2022 WL 1154526, No.

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Registration Trademark 59

LexBlog IP

JULY 5, 2022

For example, in the 1980s white authors accounted for 79.47% of copyright registrations as compared to their population makeup of 79.6%. However, as of 2010 white authors accounted for 73.96% of copyright registrations as compared to their population makeup of 63.7%.

Copyright 52

Copyright Registration Law Intellectual Property 52

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 82

SpicyIP

AUGUST 8, 2023

A crucial argument by the defendant was that the plaintiff was aware of the defendant’s mark, containing the word ‘MODERN’, since 2003/2010. It held that the defendant’s use of the mark since 1990, coupled with its registration, strengthens their claim.

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Trademark Registration Advertising Advertising 98

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

AUGUST 4, 2023

LAW RELATING TO REGISTRATION OF NAMES AS TRADEMARKS IN INDIA There is not any particular provision that prohibits celebrities to register their name as trademarks in India under the trademark act, of 1999. Thus, it can be assumed that registration of names as trademarks is allowed. Entertainment v.

Trademark 52

Trademark Registration Branding Brands 52

IP and Legal Filings

OCTOBER 26, 2022

In Cambodia, two geographical indications have been registered to date – Kampot Pepper and Kampong Speu Palm Sugar, both in 2010. Following enactment of the law, another Declaration on the Procedures for Registration and Protection of Geographical Indications came into force on December 29, 2016. ?Any Conclusion.

Registration 83

Registration Trademark Law Ownership 83

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

BYU Copyright Blog

NOVEMBER 15, 2021

Copyright Registration No. Although the Video was originally posted in 2010, Charming Beats claims to have been unable to locate the Video until this year notwithstanding a practice of making dozens of YouTube searches each year to identify instances of potential copyright infringement of works Charming Beats owns.

Copyright Infringement 98

Copyright Infringement Copyright Music Licensing 98

Above the Fold

JULY 5, 2022

For example, in the 1980s white authors accounted for 79.47% of copyright registrations as compared to their population makeup of 79.6%. However, as of 2010 white authors accounted for 73.96% of copyright registrations as compared to their population makeup of 63.7%.

Copyright 45

Copyright Registration Law Advertising 45

Kashishipr

JANUARY 12, 2022

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

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

MARCH 23, 2023

The Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations, 2010 was passed by SEBI in July 2010 as one of the measures to avert similar incidents. Mr. Shriram Subramanian founded the first proxy advice business in India, ‘InGovern Research Services,’ in June 2010.” [2]

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Government Marketing Marketing Business 92

The IPKat

DECEMBER 21, 2021

On 5th November 2010, Monster filed another application, to register MONSTER ENERGY as an EU trade mark for “ Coffee based beverages and coffee based beverages containing milk in Class 30 ”. As such, Frito-Lay sought partial revocation of the MONSTER registration and full revocation of the MONSTER ENERGY registration.

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Registration Licensing Television Reporting 78

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., Applicant Maugus Manufacturing tripped over that hurdle when it applied to register DRINK MORE BEER for "non-metal and non-paper closures for containers."

Trademark 97

Trademark Registration Designs Design 97

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered.

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Copyright Artwork Due Diligence Publishing 127

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." The Board unsurprisingly found the marks to be similar, but what about the goods?

Branding 55

Branding Brands Branding Registration 55

The TTABlog

JANUARY 13, 2023

The Board granted a petition for cancellation of a registration (issued in 2010) for the purported mark SMART WALLET for "wallets," on the ground of genericness. Significant evidence" convinced the Board that "wallets containing RFID blocking are referred to and understood by the public as 'smart wallets' —a sub-group of wallets."

Social Media 92

Social Media Technology Registration Designs 92

The IPKat

APRIL 30, 2023

NB: Cinematograph films registration system exist in most of the countries where these cites are located but the report does not indicate whether such registries and/or registers were consulted]. Knowledge diffusion?) and IP and innovation (percentage of patents by origin per GDP with data form the Global Innovation Index; local films made.

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Registration Cinema Government Copyright 67

The IPKat

MARCH 4, 2024

Nike, a titan in the industry, has managed to register more than 3,000 trade marks throughout the years on a European level and owns the title of the second most successful applicant for registered Community designs at the EUIPO for the past decade, as per the EUIPO’s Design Focus Report (2010-2019).

Copying 104

Copying Branding Brands Branding 104

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. It also couldn’t enforce its TOS: Plaintiffs do not admit that they were fully aware of the Terms.

Trademark 91

Trademark Contracts Blogging Fair Use 91

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

2,990,814 (the “‘814 Registration”), has been used in U.S. 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. In 2010, J&P Park Acquisitions, Inc. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 27, 2021

The applicant Cole Haan LLC filed for registration of figurative sign Ø as an EU trademark under Nice Classes 18 and 25, which includes suitcases, bags, and clothing. For this, CFI quoted judgment of 13 September 2010, Inditex v OHIM – Marín Díaz de Cerio (OFTEN), T-292/08, EU: T:2010:399, para 83.

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Trademark Registration Designs Design 52