The IPKat

MAY 26, 2024

The course is delivered both offline and online, and the registration is available here. According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. Interested candidates are welcome to apply here.

Advertising 57

Advertising Advertising Technology Editing 57

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Wandel Mach.

Service Mark 67

Service Mark Registration Licensing Advertising 67

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 132

Trademark Advertising Advertising Marketing 132

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. Those intentions and expectations are also reflected in promotional and advertising material for the program.

Ownership 44

Ownership Registration Service Mark Contracts 44

The IPKat

OCTOBER 8, 2023

In a recent decision (only available in Dutch), the EUIPO Examination Division rejected an application for EU trade mark (EUTM) registration concerning a figurative mark that depicted Dutch model Puck Schrover (see below). Comment This decision confirms the challenges of registering faces as trade marks.

Registration 130

Registration Advertising Advertising 130

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v.

IP 76

IP Advertising Advertising Copyright 76

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

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. TBL Complaint. There is no right to a jury trial in this type of case.

Trademark 132

Trademark Registration Advertising Advertising 132

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

In India, the registration of trade mark is valid for 10 years. The registered proprietor can renew the trade mark for 10 years either from the date of registration or from the date of last renewal by paying the renewal fees. The due date of renewal is considered from the date of registration or from the last renewal date.

Journalism 52

Journalism Registration Advertising Advertising 52

IP and Legal Filings

JULY 28, 2022

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. As a result, the Maharashtra government also issued the following regulations: Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017.

Registration 79

Registration Government Reporting Marketing 79

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. And so, the TTAB granted registration to the Seminole Tribe’s guitar shaped building but denied registration to Palacio del Rio’s modular designed building.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. As a result, slogan registration is frequently denied due to a lack of distinctiveness. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

Designs 67

Designs Design Registration Service Mark 67

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

Intepat

DECEMBER 1, 2023

Typically, this occurs after the trademark agency has examined and published the application for advertisement. Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. Once filed, the Registrar will dispatch a copy of the counterstatement to the opposing party.

Trademark 59

Trademark Registration Registering Trademarks Copying 59

SpicyIP

OCTOBER 24, 2022

There exist numerous certification marks which have been granted registrations erroneously. This post will briefly examine the requirements for certification marks and will analyse a few erroneous registrations. The mark was Advertised as a certification mark in Trade Marks Journal No: 1979 referring to Section 18(2) of the TM Act.

Journalism 81

Journalism Advertising Advertising Registration 81

IPilogue

AUGUST 4, 2022

Unknown to the applicant , on June 27, 2017 the respondent, Wei Meng registered the JU DIAN & Design Mark shown below in association with “restaurant services; take-out restaurant services”, and “beer”. . On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky.

Trademark 115

Trademark Registration Designs Design 115

IP and Legal Filings

MARCH 29, 2024

All the rest sections were notified in 2017 and the act came into force from that time. The act also talks about registration of real estate agents and talks about the functions and role of agents. This urgency led to the enactment of Real Estate Regulatory Authority Act in 2016 with only 67 out of 90 sections notified at that time.

Registration 52

Registration Government Advertising Advertising 52

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

The TTABlog

OCTOBER 27, 2021

Click on picture for larger image Section 45 of the Trademark Act provides, in pertinent part, that a mark is considered to be in use in commerce for services "when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." Harrison won, at least at the TTAB. of Veterinary Sports Med.

Licensing 52

Licensing Advertising Advertising Social Media 52

SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

Indiana Intellectual Property Law

JUNE 17, 2022

the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). The complaint alleges The Concrete Lady has advertised, manufactured, offered for sale and/or sold numerous products and molds that infringe the copyrights of Design Tascono.

Copyright Infringement 52

Copyright Infringement Designs Design Copyright 52

IP and Legal Filings

APRIL 12, 2023

iii] Prior to the introduction of the Trade Mark Rules 2017, well-known trademarks were decided upon by the Indian Courts and Tribunals, and the Trademark Registry had compiled a list of such well-known marks based on judicial pronouncements. iv] Trade Mark Rules, 2017, Rule 124. [v] ii] The Trademarks Act, 1999, Section 2 (1) (zg).

Trademark 89

Trademark Branding Brands Branding 89

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. May 16, 2017. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). OPTISELECT. September 14, 2004. April 29, 2008. April 9, 2019. January 6, 2015.

Trademark 52

Trademark False Advertising Patent Registration 52

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. With “blockchain” in their name, almost 5,000 companies have been formally registered, up from 500 in 2017.

Government 71

Government Marketing Marketing Business 71

The TTABlog

JANUARY 12, 2022

As to whether the mark is famous for dilution purposes, the Board considers the following factors under Section 43(c)(2)(a) of the Lanham Act: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) Software's first use date.

Music 98

Music Advertising Advertising Registration 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 116

Registration Fair Use Copyright Designs 116

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 76

Registration Advertising Advertising Law 76

43(B)log

DECEMBER 16, 2022

False advertising: Plaintiffs alleged that the following statements from Roup’s website bio were false or misleading: “I knew that there was something missing from the boutique fitness community, so I combined my passion for dance and love for fitness to create The Sculpt Society. [Not sure how those could be nonpublic, but ok.]

Marketing 59

Marketing Marketing False Advertising Contracts 59

The IPKat

DECEMBER 19, 2022

Background In 2001, McCain GmbH (the Intervener) successfully registered the following three-dimensional sign as an EUTM: Registration was obtained for goods in Class 29 (pre-cooked potato croquettes and products based on mashed potatoes frozen) of the Nice Classification. In 2018, Agrarfrost GmbH & Co.

Television 117

Television Advertising Advertising Designs 117

43(B)log

FEBRUARY 15, 2022

As a plaintiff, you probably don’t want the background narrative to start with “Plaintiff started selling BoostLash, which has the same purpose and functionality as Idol Lash, in 2017, while plaintiff’s principals were still employed at Idol Lash.” Was BoostLash descriptive despite the registration? Multi Time Machine v.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

43(B)log

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 59

Registration Trademark Ownership Marketing 59

IP and Legal Filings

MARCH 5, 2023

In 1988, registration for the “RPG Enterprises” label was granted. They have obtained copyright registration for the creative work in their RPG Logo as well as registration for a number of RPG/RPG formative marks in numerous classes. The plaintiff also owned the domain names www.rpggroup.com and www.rpg.in.

Trademark 52

Trademark Registration Business Social Media 52

The IPKat

MAY 19, 2023

The decision, which concerned Maison Margiela’s Magic Numbers , confirms that a pattern – whether numerical or something else – must be capable of indicating the commercial origin of the goods and/or services in question in order to be eligible for trade mark registration.

Advertising 96

Advertising Advertising Registration Designs 96