IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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Design Patent Designs Design Patent 57

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 126

IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

Marketing 86

Marketing Marketing Trademark Registration 86

LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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Design Patent Designs Design Patent 52

SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. The Controller General Of Patents, Designs & Trade Marks & Anr. ( Via order dt. Views expressed here are those of the author’s.

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Trademark Reporting Contracts Registration 102

IP and Legal Filings

MAY 19, 2022

Trademark enables such companies to accomplish some major goals which lead to becoming successful organizations and instituting their name. The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program.

Trademark 52

Trademark Government Branding Brands 52

Indiana Intellectual Property Law

JUNE 23, 2022

NuStar was granted a registration for its mark RELOADED® under Registration No. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania. 1114 , N.J. Stat § 56:3-13.16 1125 and IC 27-4.

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Trademark Registration Designs Design 52

LexBlog IP

MAY 12, 2023

In 2016, National Concession Group, Inc. 87168058) and this stylized drop design mark (Serial No. Alternatively, NCG argued that even if it is considered paraphernalia under the CSA, the item was lawful under Colorado state law and registration was proper under Sections 863(f)(1) and 863(f)(2) of the CSA. § 1051 (a)(1)).

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Trademark Registration Designs Design 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 48

The IPKat

NOVEMBER 29, 2023

More specifically, the Court of Appeal considered the question whether the “TOUR DE FRANCE” trade mark had been infringed by the registration of a later trade mark. Hedrich registered the semi-figurative French trade mark "TOUR DE FRANCE A LA RAME" on 26 October 2016, designating classes 9, 12, 39 and 41.

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Designs Design Registration Trademark 73

The TTABlog

MAY 9, 2023

The Board upheld the refusals to register the marks BAKKED (in standard characters) and a stylized drop design, for "essential oil dispenser, sold empty, for domestic use," finding that the goods are illegal drug paraphernalia under the Controlled Substances Act (CSA), and therefore the marks are ineligible for registration.

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Registration Designs Design Law 75

TorrentFreak

APRIL 12, 2022

Company Claims Ownership of ‘Reloaded’ Trademark. In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. Trademark Registration No.

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Branding Brands Branding Trademark 122

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. 16-6576 (KM) (MAH), 2023 WL 4200169, -- F. T]he one showed in the application is not mine.”

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False Advertising Advertising Advertising Registration 59

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Microsoft v. Case: Burger King Corporation v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. See Moreno v. Pro Boxing Supplies, Inc., See also Chem.

Ownership 52

Ownership Registration Trademark Contracts 52

The TTABlog

DECEMBER 18, 2023

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. While this fact saved Game Plan's Opposition from dismissal for failure to prosecute under Trademark Rule 2.132, it leaves Game Plan with no other evidence to support [its] claims."

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Law Registration Service Mark Litigation 70

LexBlog IP

JULY 8, 2021

A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. The Two Common Trademark Applications: 1(a) Use in Commerce vs. 1(b) Intent-to-Use. Pros and Cons to Filing an Intent-to-Use Trademark Application.

Trademark 52

Trademark Registration Web Development Advertising 52

The IPKat

JULY 4, 2021

Registration is available here. The event is free of charge, and registration is available here. Participation is possible both on-site and online and registration is taken here. Other WIPO, Ministry of Economy of Ukraine and the Ukrainian IPO have opened registration for the Ukraine Summer School on Intellectual Property.

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Intellectual Property Journalism Social Media Intellectual Property Law 70

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

Design Patent 52

Design Patent Designs Design Technology 52

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Comprehend the concept, rationale, and significance of Patents, Copyrights and Trademarks.

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Intellectual Property Technology IP Registration 105

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 IPKat

FEBRUARY 20, 2024

The patent, which included France among the designated states, expired on 5 August 2021. In 2016, the EUTM court sided with Coorstek and invalidated the three EUTMs. In 1991, CeramTec obtained a European Patent to a ceramic matrix composite, used in the production of this hip-replacement implant.

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Art Registration Registering Trademarks Intellectual Property 67

The IPKat

NOVEMBER 24, 2022

In 2016, the trade marks rights were transferred to a Hong Kong-based company, Super Union Holdings Ltd. Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. 8(2)(2)), and bad faith (Sec.

Registration 117

Registration Advertising Advertising Art 117

LexBlog IP

SEPTEMBER 15, 2021

Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Trademarks that are distinctive, and therefore eligible for protection in one country, may have a generic meaning and therefore not be registrable or enforceable in another.

Trademark 52

Trademark Registration Branding Brands 52

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 TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. ARSA Distributing, Inc. Salud Natural Mexicana S.A.

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Ownership Litigation Registration Business 40

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." SS Vape Brands, Inc.

Designs 57

Designs Design Branding Brands 57

The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 52

Advertising Advertising Designs Design 52

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. Trademarks give you a wide scope of protection so that Nike could have prevented a competitor developing an icon that was similar to its own swoosh logo.

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Branding Brands Branding Trademark 52

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., As a result of this, the Scheme for Startups Intellectual Property Protection (SIPP) was launched in 2016 which focused on facilitating stronger IPR protection for Startups in India. to safeguard their intellectual property.

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Intellectual Property Government IP Patent Application 52

Selvam & Selvam Blog

APRIL 16, 2021

Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. The Copyright Rules, 2013 was last amended in the year 2016 subsequent to which, it was done recently.

Copyright 52

Copyright Journalism Intellectual Property Intellectual Property Law 52

LexBlog IP

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.” The test turns upon the primary significance that the term would have to the relevant public.

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Designs Design Branding Brands 40

IP Tech Blog

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. The Court held that a “use in commerce” is a “bona fide use of a mark in the ordinary course of trade,” and that the infringing “use in commerce” of a trademark must be domestic and “provides the dividing line between foreign and domestic applications” of the Lanham Act.

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Trademark Intellectual Property Trademark Law Law 40

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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Trademark Law Trademark Law Branding 105

LexBlog IP

JULY 10, 2023

Trademark owners take note: In Abitron Austria GmbH et al. foreign sales of products for which foreign buyers designated the U.S. ” Relying on its 2016 decision in RJR Nabisco Inc. ” In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core.

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Intellectual Property Trademark Trademark Law Law 40

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. The incontestable Registration is not based on a claim of acquired distinctiveness. Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *7.

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