Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 82

Trademark Registration Intellectual Property Intellectual Property Law 82

IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. However, protection to numbers have differed.

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Trademark Fair Use Registration Branding 71

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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Trademark Law Trademark Law Service Mark 91

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

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Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

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Trademark Branding Brands Branding 87

The TTABlog

AUGUST 22, 2023

Elgin, the Board’s membership now stands at twenty-seven (27) Administrative Trademark Judges. Prior Professional Experience : Trademark Examining Attorney; Assistant to the Assistant Commissioner for Trademarks; TTAB Staff Attorney; Education : B.A., The current roster is set forth below, beginning with Chief Judge Gerard F.

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Trademark Law Copyright 52

IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. 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.

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Trademark Registration Branding Brands 52

LexBlog IP

JULY 28, 2023

The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. The second is whether a district court’s decision resolving a trademark dispute (e.g.,

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Trademark Registration Law Patent Law 52

JD Supra Law

NOVEMBER 9, 2021

In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images.

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Trademark Designs Design 56

IP Watchdog

JULY 28, 2022

Patent and Trademark Office (USPTO) announced today that Derrick Brent will serve as the Office’s next Deputy Director. He also served for six years as Chief Counsel to Senator Barbara Boxer and was known as “a respected authority on 2011’s America Invents Act,” according to the USPTO’s release.

Invention 131

Invention IP Trademark Patent 131

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 90

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. . Candidate at University of British Columbia. .

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Trademark Registration Trademark Law Intellectual Property 59

IP Close Up

JANUARY 30, 2024

Since China became worldwide leader in patent applications in 2011, overtaking Japan, the number of its applications have soared. The question today is not so Continue reading

Patent Application 87

Patent Application Patent Licensing Intellectual Property 87

The TTABlog

NOVEMBER 2, 2021

5) issue of The Trademark Reporter (TMR). Trademarks, Free Speech, and Fair Competition in a World of New Generic Top-Level Domains , Alpana Roy and Althaf Marsoof. TTABlog comment: Once again, I thank The Trademark Reporter for allowing me to provide this issue to you all. INTA has published the September-October, 2021 (Vol.

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Reporting Trademark Intellectual Property Branding 60

CoCal IP Law Institute

AUGUST 23, 2022

Industry competitor Aliign Activation Wear (“Aliign”) filed suit against Lulu in the Central District of California back in mid-2020, primarily alleging that Lulu was infringing its Aliign trademark, which Aliign said it has been using since 2011. You see, Lulu rolled [.].

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Trademark 45

SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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IP Patent Prosecution Designs Design 110

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 111

Patent Application Patent Trademark Patent Prosecution 111

Patently-O

JANUARY 10, 2023

What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. Sarnoff, Derivation and Prior Art Problems with the New Patent Act , 2011 Patently-O Patent Law Journal 12 ( sarnoff.2011.derivation.pdf

Journalism 54

Journalism Trademark Patent Patent Law 54

IP Watchdog

APRIL 5, 2022

Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) denied petitioner OpenSky Industries’ request for rehearing of an earlier decision denying institution of inter partes review (IPR) of one of two VLSI patents supporting a massive $2.2 On March 28, the U.S. billion infringement damages verdict in U.S. district court.

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Invention Patent Trademark Law 116

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

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Trademark Branding Brands Branding 52

The TTABlog

MARCH 22, 2024

Bertini contended that the nonuse occurred "during a period of at least three years and six months after the date of the SOU, namely during November 11, 2011 - May 31, 2015." A trademark registration is presumed valid, and so a party seeking cancellation bears the initial burden of establishing a prima facie case of abandonment.

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Registration Service Mark Trademark Copyright 62

IP and Legal Filings

FEBRUARY 7, 2022

The Plaintiffs to promote their founder’s research made use of several distinctive trademarks, including and various iterations of their four-color graphic logo as presented herein. and that likelihood of confusion is the basic test of both common law trademark infringement and federal statutory trademark infringement.

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Trademark Intellectual Property Licensing Copyright 54

Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Copyright Challenges in Creating Garbage Horror : Back in October 2011, my partner and I were running a small YouTube channel named Garbage Horror, where we reviewed various low-budget horror movies.

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Plagiarism Copyright Public Domain Copyright Infringement 208

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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Trademark Advertising Advertising Registration 54

IP Law 360

AUGUST 18, 2023

A Second Circuit panel on Friday vacated $2 million in damages awarded to a sailboat designer in a decade-long trademark battle, finding that a Connecticut federal court erred in its conclusion that a rival boat maker should have known as early as 2011 that it could not use the disputed mark.

Designs 40

Designs Design IP Trademark 40

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. The trademark registration in Mexico was granted in December 2020, while the registration in UAE was granted on June 28 and latest in Bhutan on July 9.

Registration 52

Registration Trademark Branding Brands 52

IP and Legal Filings

JULY 28, 2022

The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. The trademarks are for virtual food and beverage products. The trademark of Mc/Mac has been under the debate all around the globe. The trademark of Mc/Mac has been under the debate all around the globe.

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Trademark Branding Brands Branding 74

Likelihood of Confusion

NOVEMBER 19, 2021

In which we consider the musical question: Gershwin as a Trademark? Originally posted 2011-03-11 17:23:34. Republished by Blog Post Promoter. The post Rhapsody of confusion appeared first on LIKELIHOOD OF CONFUSION™.

Music 52

Music Blogging Trademark 52

IPilogue

AUGUST 30, 2021

The case, United States Patent and Trademark Office v. signals broader protections for trademarks vis-à-vis giving online companies latitude to trademark “generic” titles and disagreeing with the federal government’s restrictions. Patent and Trademark Office (“USPTO”). Booking.com B.V.

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Registration Trademark Journalism Intellectual Property 106

LexBlog IP

JULY 11, 2022

Kimberly-Clark Corp (2011) is the most recently published intellectual property case on toilet paper. In conclusion, the Court held that functionality cannot be trademarked and that the diamond design on toilet paper actually performs a function—something to consider the next time you run out. References. Kimberly-Clark Corp. ,

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Intellectual Property Publishing Designs Design 52

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng.

Trademark 115

Trademark Registration Designs Design 115

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.

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Trademark Law IP Registration 98

JD Supra Law

JULY 20, 2021

EUIPO (T-663/19) decision, the General Court of the European Union announced a new approach to evaluating bad faith in trademark filings and signaled a more aggressive stance toward the practice of “evergreening.” The dispute centered on Hasbro’s registered EU trademark (“EUTM”) for the word mark MONOPOLY.

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Trademark 52