The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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Registration Trademark Social Media Designs 73

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Designs 124

Designs Design Intellectual Property Editing 124

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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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

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The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. Opposer Taylor admitted that alternative designs are available. Example below].

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Designs Design Social Media Registration 57

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. Lee , 1:13-CV-1464 AJT/JFA, 2014 WL 5500799, at *1 (E.D.

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The TTABlog

JULY 28, 2021

The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020 [ TTABlogged here ], dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design (shown below) for various alcoholic beverages. Swatch AG v. Beehive Wholesale , 739 F.3d

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IP and Legal Filings

AUGUST 4, 2021

Innovative Cosmetic Concept filed for international registration of the word INCOCO and designated European Union for the registration in January 2014. The applicant Chanel opposed this mark in October 2014 and relied on its own earlier mark (French) nos. 1 438 544 and 1 571 046.

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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.

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Registration Intellectual Property Designs Design 67

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.

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Trademark Registration Intellectual Property Intellectual Property Law 85

The TTABlog

FEBRUARY 1, 2024

Opposition to registration of PAYFORME for various financial transaction services. Cohen) [Opposition to registration of THE CAVALIER RESCUE for "Animal rescue services, namely, arranging for the adoption of rescued animals." PayNearMe, Inc. Substring, LLC , Opposition No. 91277497 (January 18, 2024) [not precedential] (By the Board).

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Service Mark Registration Technology Designs 62

The IPKat

JULY 19, 2023

National stage of the registration In 2014, “Jambon sec de Corse”, “Lonzo de Corse” and “Coppa de Corse” were registered as protected designations of origin (PDOs). In 2018, the French authorities pre-approved the seven applications and transferred them to the European Commission for their registration as PGIs.

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The IPKat

AUGUST 2, 2022

A deceptive sign is not eligible for trade mark registration. Comment This case clearly demonstrates that whether a sign is deceptive must be assessed having regard to both the sign and the designated product. Such rule, in the Trade Mark Law of China ( TMLC ), is directly stipulated in Article 10.1 (7): 7) of the TMLC.

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Intellectual Property IP Designs Design 113

IP and Legal Filings

JANUARY 29, 2024

This is stated in Section 9 of the Act, which forbids the registration of GIs that are determined to be generic names or indications of goods. Additional analysis has revealed that the registration status varies greatly. Furthermore, if unauthorized registrations are not stopped, it can make it harder for authorized users to register.

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IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). Registration was refused in August 2019, in line with previous US case law and guidance.

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The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

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Non-Fungible Tokens Artwork Contracts Art 120

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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Registration Designs Design Intellectual Property 59

The TTABlog

DECEMBER 29, 2021

Applicant contended that the registrant 'made a conscious decision to not list hockey gloves as part of its goods," and furthermore that the cited mark is distinguishable because of the dominant red X. In addition, he provided eleven use-based, third-party registrations for marks covering various athletic gloves and hockey sticks.

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Registration Designs Design Copyright 54

LexBlog IP

JANUARY 25, 2023

The High Court of Delhi recently adjudicated upon a case that involved an appeal from Armasuisse (a Federal Agency of the Swiss Federation) against orders of the Indian Trade Marks registry granting trademark registrations to a private Indian company for the marks SWISS MILITARY and in respect of class 25 goods.

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Trademark Registration Designs Design 52

IP and Legal Filings

DECEMBER 23, 2023

is the duty of the proprietor of an OPC to designate a successor who will assume control of the business upon the proprietor’s demise. LITERATURE REVIEW The origin of the One Person Company (OPC) concept in India is discussed in the report One Person Company (OPC) (Institute of Company Secretaries of India, 2014).

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Business Reporting Contracts Designs 94

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. How will the registration process work in practice? The idea is to have a quick and efficient registration system in place from a cost standpoint. have at least one production step taking place in the defined geographical area.

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IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. Also, it is really important to renew the registration because there is a limit to registration. 24863/2014. [3] What are the rights in Intellectual Property? 2] Novartis v. Cipla, I.A.

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Intellectual Property Invention Trademark Copying 98

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark. Here, the U.S.

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The IPKat

FEBRUARY 8, 2023

In terms of design law, it does not appear that McDonald's has chosen to protect the aesthetic appearance of the Happy Meal. No registration is apparent on the database of the EUIPO. Nor does the unregistered EU design law appear to be a valid legal basis. Perhaps, McDonald’s should not have disregarded design law.

Designs 62

Designs Design Copyright Law 62

The IPKat

MAY 16, 2022

The opposition was based on several earlier marks, including an Italian figurative mark with a word element “ZARA”, registered in Class 30, and an international registration for “LE DELIZIE ZARA”, registered in Classes 29 and 30. Therefore, registration could only proceed in Class 31 (“Fresh vegetables”) and Class 32 (“Fruit juices”).

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The IPKat

JUNE 28, 2023

Background Hummel Holding A/S (‘Hummel’) owns International Registration no. 915962 designating the EU for the following figurative mark: It was registered for the EU in 2006 for various goods and services in classes 3, 18, 25, 28, and 35. Hummel’s trade mark consists of two specific chevron designs.

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Designs Design Art Registration 86

The IPKat

DECEMBER 23, 2022

In 2014, it sought to register the EUTM No. Both EUTM registrations were granted. It reiterated that the Grand Board had to decide on the scope of opposition to the registration of a trade mark arising from Article 7(1)(c) EUTMR where a sign is a geographical name. In 2002, the company applied to register the EUTM No.

Designs 52

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Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. ” This is clearly wrong.

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Copyright Cease and Desist Fair Use Litigation 126

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

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SpicyIP

NOVEMBER 7, 2022

The Respondents on the other hand claim to be using the mark Sanjha Chulha since 1996 for restaurants operating in Faridabad and New Delhi and had a separate device mark for “Sanjha Chulha” which was lapsed in 2014. Avery Dennison Corporation vs Controller Of Patents And Designs on 4 November, 2022 (Delhi High Court).

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The IPKat

OCTOBER 31, 2023

That being said, and although the earlier marks must be accorded a minimum degree of distinctiveness on account of their registration, the EU trade mark regime which stems from the EUTMR (including the assessment of the inherent distinctive character) is an autonomous regime which must be applied independently, on the basis of EU law alone.

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IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. The RCEP Agreement’s GI provisions are compliant with the Law on Geographical Indication (2014). Conclusion.

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Intellectual Property Marketing Marketing IP 70

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Coca Cola was able to secure trademark ownership of its iconic bottle shape by firstly having the right legal agreement in place when it commissioned the bottle design.

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Branding Brands Branding Trademark 52

The IPKat

JULY 13, 2022

From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. The BoA concluded that, in applying for registration of the EUTM, Zdút had sought to free ride on the reputation of Jan Nehera and the 'old' Czech trade mark.

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Branding Brands Branding Registration 62