JD Supra Law

JUNE 6, 2023

The Supreme Court granted certiorari and will review the Federal Circuit’s opinion that Section 2(c) of the Lanham Act is unconstitutional as applied to a trademark for the term TRUMP TOO SMALL. By: Dorsey & Whitney LLP

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Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. McCarthy on Trademarks § 29:1. Here though, the this population centric notion of trademark law falls to the hard principle of U.S. This is plainly insufficient.

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Trademark Trademark Law Branding Brands 120

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 1871712).

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Trademark Registration Registering Trademarks Service Mark 52

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.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. Copyright and Halloween Costumes.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Trademark Intellectual Property Branding Brands 52

IP Watchdog

APRIL 4, 2023

The owner of the trademark for APPLE JAZZ has won his appeal from the Trademark Trial and Appeal Board (TTAB), which dismissed his opposition to Apple, Inc.’s Apple filed Trademark Application No. Unaware that he did not have a federal registration, Bertini filed an opposition against Apple, Inc.’s

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Trademark Music Registration Government 75

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

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

The TTABlog

JANUARY 8, 2024

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. However, "actual trademark use must follow the analogous use within a commercially reasonable period of time." Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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Registration Trademark Social Media Designs 73

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 , 1:15CV405(JCC/IDD), 2016 WL 880367, at *2 (E.D.

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Trademark Registration Advertising Advertising 132

IP and Legal Filings

AUGUST 4, 2022

Its parent organisation, The All England Lawn Tennis Club (further referred to as “the Club”) has previously trademarked the word ‘Wimbledon’ and also has trademarks has several other signs related to it such as the crossed rackets logo. However trademark for colours have very rarely been given especially in the UK.

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Trademark Branding Brands Branding 69

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

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 85

The TTABlog

SEPTEMBER 8, 2022

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. However, "actual trademark use must follow the analogous use within a commercially reasonable period of time." Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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Registration Trademark Social Media Copying 95

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 89

Patently-O

OCTOBER 8, 2021

It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. .” ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. Petition ].

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Trademark Registering Trademarks Licensing Design Patent 136

SpicyIP

JANUARY 7, 2024

Geetan Luthra raised eyebrows regarding the uncanny defense relied on for justifying the use of the trademark ‘VBM’: that it stood for the Hindu gods Vishnu, Brahma, and Mahesh! In 2016, VBMIC obtained the registration of the ‘VBM’ device mark for medical equipment in India. Most fortunately, it didn’t last long.

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Trademark Registration Marketing Marketing 59

Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off? Syed Mohideen v.

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Trademark Registering Trademarks Registration Marketing 52

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45. The Board was unmoved.

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Registration Branding Brands Branding 60

Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

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Trademark Registration Branding Brands 105

IP and Legal Filings

AUGUST 30, 2022

As of International Monetary Fund reports of 2016, Qatar has the fourth highest GDP per capita in the world where it relies heavily on foreign labour to grow its economy. Trademark in Qatar. The process of trademark registration in Qatar is governed by the Law no. Filing Requirements. Copy of the mark. Examination.

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Registration Copying Trademark Designs 52

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.

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IP Watchdog

NOVEMBER 9, 2023

Patent and Trademark Office (USPTO) to respond to a petition for writ of mandamus filed by the owner of the APPLE JAZZ trademark, who has been embroiled in a fight with Apple, Inc. over rights to the mark since 2016. Court of Appeals for the Federal Circuit (CAFC) this week ordered Apple, Inc. and the U.S.

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Registration Trademark Patent Music 64

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

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Trademark Service Mark Registration Registering Trademarks 75

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks. As more and more names are registered, fewer are available for use.

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Trademark Branding Brands Branding 59

Patently-O

FEBRUARY 27, 2022

The PTO had denied registration under a provision in the Lanham Act requiring it to do so when a mark “[c]onsists of or comprises a name. The PTO had denied registration under a provision in the Lanham Act requiring it to do so when a mark “[c]onsists of or comprises a name. Unfortunately, the Court did little more than that.

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Registration Privacy Law Trademark 115

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

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Trademark Registration Intellectual Property Trademark Law 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. ” Unfortunately, this is not the first time the Indian trademark office has engaged in mass abandonment of applications, only to be reversed by the High Court.

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Trademark Reporting Contracts Registration 102

SpicyIP

APRIL 26, 2023

Image from here Riddle me this, what is something that, despite cited similar marks, helps you get a trademark right; But is not relevant later unless the cited mark puts up a fight? case (2016) (coincidently penned by J. Well, according to the Delhi High Court’s judgement in Under Armour INC v. Aditya Birla Fashion & Retail Ltd.

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IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] Akash Arora [8] , the plaintiff was the proprietor of the well-known trademark “Yahoo” and corresponding domain name, “Yahoo.com”.

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Trademark Registration Trademark Law Business 52

LexBlog IP

JULY 26, 2022

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods. The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. Hangzhou Johnson Tech Co.,

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Trademark Registration Law Marketing 52

LexBlog IP

JULY 7, 2022

IPNews® – NBC Universal has recently filed a trademark lawsuit against a company using the trademark “Dunder Mifflin” A company named Jay Kennette Media Group, LLC has apparently been using the Dunder Mifflin trademark on apparel since 2016.

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Trademark Registration Intellectual Property 52

Patently-O

JUNE 8, 2023

by Dennis Crouch The Supreme Court recently issued its pro-trademark-owner opinion Jack Daniel’s Properties, Inc. The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” See Rogers v. Grimaldi , 875 F. 2d 994 (2nd Cir.

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Trademark Law Trademark Law Fair Use 68

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.

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Trademark Government Branding Brands 52

Above the Fold

JUNE 14, 2023

Patent and Trademark Office’s (USPTO’s) challenge of the Federal Circuit ruling that overturned the USPTO’s decision not to register the phrase “Trump too small” as a trademark. The USPTO denied Elster’s trademark application as it appeared to be prohibited under § 2(c) of the Lanham Act (15 U.S.C.

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Trademark Registration Patent Advertising 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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