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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

JUNE 26, 2023

i] Cases and registrations indicate that registrability or successful enforcement of rights can happen only if such marks have acquired distinctiveness through use or where numerals are used as a fanciful device or when the numeral is used in a descriptive sense and not as a trademark.

Trademark 70

Trademark Fair Use Registration Branding 70

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

SpicyIP

JULY 22, 2023

National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6). Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country.

IP 98

IP Intellectual Property Reporting Government 98

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

However, that is sometimes not enough to avoid infringement, which is where registration comes in. While registration by itself is not a bulletproof shield against copyright infringement, it helps with the burden of proof. Understanding tattoos through the lens of copyright What exactly is a tattoo? In the case of Whitmill v.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

However, that is sometimes not enough to avoid infringement, which is where registration comes in. While registration by itself is not a bulletproof shield against copyright infringement, it helps with the burden of proof. Understanding tattoos through the lens of copyright What exactly is a tattoo? In the case of Whitmill v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52