The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 67

Registration Intellectual Property Designs Design 67

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 TTABlog

SEPTEMBER 14, 2023

SAS Optimhome , 99 USPQ2d 1959 (1960) (TTAB 2011). 11 (TTAB 2017) (granting motion to strike evidence and denying construed cross-motion to amend likelihood of confusion claim to assert common law rights in a mark for “rum cakes, chocolates and bar services” as beyond the scope of IB notification where pleaded registration only for “rum”).

Law 115

Law Registration Trademark Copying 115

IPilogue

AUGUST 30, 2021

In 2011 and 2012, Booking.com applied to register “Booking.com” as a trademark associated with hotel reservation services with the U.S. The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Booking.com B.V.

Registration 106

Registration Trademark Journalism Intellectual Property 106

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

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. General Cigar Co., Pologeorgis).

Registration 52

Registration Law Litigation Contracts 52

The IPKat

FEBRUARY 23, 2024

On 2 February 2011, the company Heuver Banden Groothandel BV (the company) applied for registration of the Benelux word trade mark “ATHLETE” for Class 12. The Benelux priority was then claimed in the international registration before the WIPO, with extension of protection to the European Union. 207/2009. The applicant appealed.

Registration 67

Registration Law Patent 67

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. However, the Second Circuit Court of Appeals disagreed.

Trademark 96

Trademark Branding Brands Branding 96

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. 2011: [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

The TTABlog

APRIL 24, 2024

According to Fumari, those two marks are like SPICED CHAI in that they are "vaguely evocative" of a flavor, and therefore those two registrations are "evidence" that the Board should reverse the refusal here. Fumari relied use of the mark since 2011, sales of 600,000 pounds of "SPICED CHAI tea" [what does tea have to do with it? -

Social Media 64

Social Media Advertising Advertising Registration 64

The IPKat

JANUARY 24, 2022

Background In 2011, Tecnica applied to register the 3D sign below, corresponding to the shape of its Moon Boots after-ski footwear, as an EU trade mark (EUTM) for goods in classes 18, 20, and 25. Registration ( No 10 168 441 ) was granted the following year. Milano, Tecnica Group S.p.A. v Diana S.r.l.

Registration 142

Registration Copyright Copyright Infringement Branding 142

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 71

Trademark Fair Use Registration Branding 71

IP and Legal Filings

MARCH 2, 2022

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. This is the 14 digit registration or license number that is printed on all food packages.

Registration 71

Registration Licensing Business Government 71

IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The Decision. 18(1)(e) of the TMA. Other issues.

Trademark 115

Trademark Registration Designs Design 115

Kashishipr

DECEMBER 21, 2021

Requirements for Registration of a Position Trademark. The position trademark should be capable of being represented graphically, and hence, a detailed and clear description of the position of the mark on a particular product becomes essential for the application of Trademark Registration. It was recognized as a position mark.

Intellectual Property 105

Intellectual Property Registration Trademark Branding 105

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.

Registration 80

Registration Trademark Copyright Infringement Copyright 80

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. More than 1,000 Barbie trademark registrations are held by Mattel worldwide, covering a wide range of products and services in addition to its primary toy line.

Trademark 87

Trademark Branding Brands Branding 87

IP and Legal Filings

FEBRUARY 20, 2023

[Image Sources : Shutterstock] Icann Rules According to the ICANN rules, the domain name registrant is required to comply with all the standards, requirements, procedures and practices when entering into a Domain Name Registration Agreement with the Domain Name Registrar. 1, 211-250, (2011). Bucci, 1997 WL 133313 (S.D.N.Y.1997).

Trademark 90

Trademark Registering Trademarks Registration Trademark Law 90

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

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

Trading Secrets

DECEMBER 22, 2021

Before Georgia enacted a constitutional amendment in 2011 to allow the enforcement of reasonable restrictive covenants, Georgia was a popular venue for companies and individuals to avoid non-competes and non-solicits. Georgia: A One-Stop State to Void Restrictive Covenants.

Business 64

Business Law Blogging Registration 64

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

IP and Legal Filings

MARCH 2, 2022

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. This is the 14 digit registration or license number that is printed on all food packages.

Registration 52

Registration Licensing Business Government 52

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. Priority was not an issue because MHCS filed its underlying application first.

Advertising 49

Advertising Advertising Branding Brands 49

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity.

Licensing 45

Licensing Advertising Advertising Registration 45

The TTABlog

MARCH 9, 2022

The Board dismissed a petition for cancellation of a registration for the mark NUTRIVITA , in standard character form, for "dietary and nutritional supplements," on the alleged grounds of nonuse and abandonment. For example, the fact respondent abandoned a prior registration for NUTRAVITA in a design form was irrelevant.

Licensing 59

Licensing Registration Designs Design 59

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. commerce in connection with the goods identified in the registration under attack in this proceeding." It's proving an intent to deceive the USPTO.

Registration 59

Registration Copyright Law 59

IP and Legal Filings

JULY 28, 2022

The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. Facts of the case.

Trademark 74

Trademark Branding Brands Branding 74

The TTABlog

JUNE 6, 2023

petitioned to cancel a registration for the mark EL BURRO BORRACHO , claiming priority and likelihood of confusion with its registered mark EL BURRO , both for restaurant services. El Burro, Inc. Well, the marks are awfully close and the services identical, so this looks like a no-brainer, right? What do you think? El Burro, Inc.

Registration 59

Registration Copyright 59

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. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

Registration 52

Registration Marketing Marketing Trademark 52

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. SAS Optimhome , 99 USPQ2d 1959, 1963 (TTAB 2011). Opposer Saber Interactive alleged only one claim: nonownership. Trademark Rule 2.104(c), 37 C.F.R. 2.107(b); see also O.C.

Ownership 40

Ownership Registration Designs Design 40

LexBlog IP

DECEMBER 22, 2021

Before Georgia enacted a constitutional amendment in 2011 to allow the enforcement of reasonable restrictive covenants, Georgia was a popular venue for companies and individuals to avoid non-competes and non-solicits.

Business 40

Business Law Blogging Registration 40

SpicyIP

AUGUST 10, 2023

It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. However, the application was opposed by Swiss Auto Products (Respondent) in 2007, and the notice of opposition was received by the Appellant on 24 October, 2011.

Trademark 98

Trademark Law IP Registration 98

The IPKat

NOVEMBER 13, 2023

of the new version of the guidelines for honey of the Food Code Commission at the [German] Federal Ministry of Food and Agriculture in the Version dated 27 July 2011, a characteristic, strong, aromatic, bitter smell. The trade mark consists of precisely this smell on golf balls. 8(1) German Trade Mark Act ).

Technology 78

Technology Art Patent Registration 78

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. SWS has performed and produced sound recordings under the names “Darkside” or “Darkside NYC” continuously since at least August 1992.

Music 59

Music Branding Brands Branding 59

SpicyIP

MAY 8, 2022

Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122