LexBlog IP

SEPTEMBER 22, 2022

In today’s age, the importance of brands (and in turn trademarks) cannot be undermined. It is through brands that businesses (be it domestic or international) are able to thrive and flourish in various highly competitive sectors. At a fundamental level, it is an accepted fact that a trademark serves as a source identifier viz.

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Registration Trademark Branding Brands 52

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No.

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Trademark Intellectual Property Branding Brands 87

Erik K Pelton

DECEMBER 31, 2021

An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. The biggest individual brand story of the year was Facebook’s announcement of its new META brand.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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.

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Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. This preliminary analysis has to go further and check, for example, if the brand we have chosen is also available as a domain name. These issues can have a major impact on brand strategy and affect credibility in the market.

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Branding Brands Branding Registration 52

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. So, the reason the case was so hard fought, is that a registration effectively gives you a broad scope of protection.

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Trademark Branding Brands Branding 52

IPilogue

SEPTEMBER 1, 2022

NBC Universal has filed a lawsuit against Jay Kennette Media Group (“JKMG”), an entertainment company over the latter’s registration of the mark “Dunder Mifflin.” JKMG filed for registration of the mark for sale of apparel under Class 25, and the mark was registered in July 2017. What is trademark squatting? What’s next?

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Trademark Registration Registering Trademarks Branding 106

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

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Intellectual Property Fair Use Litigation Trademark 86

IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. MULTIPLE IP REGISTRATION AND THEIR PROTECTION.

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Intellectual Property Branding Brands Branding 98

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

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Branding Brands Branding Marketing 52

The IPKat

NOVEMBER 27, 2023

The claimant had goodwill dating back to 1992 and registrations from October 2015. The defendant had been using since 2013 with registrations from June 2015. The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC.

Editing 70

Editing Registration Branding Brands 70

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

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

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Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular.

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Trademark Branding Brands Branding 86

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Have you ever wanted a pair of PUMA shoes instead of just any local brand? The duration of the registration of the mark under the Trade Marks Act, 1999. After the introduction of the Trademark Rules, 2017, any trademark holder can request to determine its trademark as well-known trademark. In the case of Whirlpool Co.

Trademark 52

Trademark Branding Brands Branding 52

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration.

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Trademark Registering Trademarks Registration Copying 59

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. InterES… (Yet nothing to do with Inter Milan FC … at least this time!)

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Branding Brands Branding Registration 94

The IPKat

SEPTEMBER 24, 2023

Gucci Ancora's Roblox event Colour is known to be one of the most predominant visual elements in products and consequently in their brand identity. It is common knowledge that - especially in the luxury sector - the brand can be one of the most valuable assets of the company. 017215237 , 017215245 , 017535832 , 017535816 ).

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Branding Brands Branding Designs 78

Patently-O

JUNE 29, 2022

Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. But, the missing link was evidence that the US-based Indians and Indian-Americans were aware of the branding. There is no basis [in the evidence] to assume that an American of Indian descent is aware of brands in India. ” 15 U.S.C.

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Trademark Trademark Law Branding Brands 119

The IPKat

DECEMBER 27, 2023

The General Court recently dealt with the question if a license agreement can be recorded, although the licensed EU trade marks have been transferred after the conclusion of the license agreement and the new owner does not consent to the registration (case T-679/22 ). The transfer was recorded in 2017 in the EUIPO’s register.

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Licensing Art Registration Law 62

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. Thus, brand owners can, and do, register their trade dress at the PTO. Lessons for Brand Owners 1. See Figure 1.

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Designs Design Advertising Advertising 52

TorrentFreak

APRIL 17, 2023

These examples represent just a handful of domains from a collection that has exploded since the 2017 launch of the Alliance for Creativity and Entertainment. is openly displayed as the registrant along with one of two specific email addresses. With MarkMonitor listed as the registrar, the Motion Picture Association, Inc.

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Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks.

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Branding Brands Branding Personality Rights 98

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” Client: “But wait—if I already have a trademark why do I need registration?” Cumbow 2023.

Trademark 62

Trademark Registration Trademark Law Business 62

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4]

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Marketing Marketing Trademark Registration 83

The IPKat

AUGUST 12, 2023

This is an important judgment on the interaction of brands within a crowded marketplace. Former GuestKat Jan Jacobi (BarentsKrans) presented an analysis of the recent decision of the Dutch Court of Appeal in the Mexx case, concerning free riding and declining reputation of a brand. More information is available here.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Publishing Journalism 52

The TTABlog

DECEMBER 15, 2022

Status Symbol Clothing Brand LLC v. The Facebook documents stated that the page was created in 2017, but there was no testimony that this Facebook page is owned and controlled by Opposer, or that the creation date and posts dates are accurate. The applicant neither submitted evidence or testimony, nor filed a brief.

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Registration Branding Brands Branding 40

The TTABlog

SEPTEMBER 20, 2021

The appellate court ruled that because the jurisdiction of the TTAB is limited to the issue of registrability and does not extend to "use" of a mark or allow for broader remedies, the earlier TTAB judgments against Beasley "do not carry claim preclusive effect against subsequent Article III infringemeent proceedings under section 43(a)."

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Registration Litigation Trademark Branding 78

The IPKat

FEBRUARY 19, 2023

Conferences, Seminars and other Events UCL – Question to Trade Mark Judges The UCL Institute of Brand and Innovation La (IBIL) and MARQUES , the European Association of Trade Mark Owners, will host the event “ Question to the Trade Mark Judges ” on the 7th March 2023. Info and registration here. More information on the event here.

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Intellectual Property Branding Brands Branding 67

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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] gov” is used for indicating government organization whereas “.edu” edu” is used for indicating educational institutions. [1] Sifynet Solutions Pvt.

Trademark 52

Trademark Registration Trademark Law Business 52

The IPKat

JUNE 5, 2023

In 2017, Ferrero sued Czech company Mocca Spol. Therefore, the more the shape whose registration is sought is similar to the shape that the product in question is likely to have, the more likely it is that this shape is devoid of distinctiveness.

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Registration Reporting Branding Brands 132

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Staples, Office Depot and Office World were the 3 brands left standing in their category. Colour Trade Marks. Enforcement of your rights prevents market confusion.

Trademark 52

Trademark Branding Brands Branding 52

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. As a result, slogan registration is frequently denied due to a lack of distinctiveness. 2017/1001 and thus can be registered as a trademark. Image Source: gettyimages].

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Trademark Advertising Advertising Registration 53

The IPKat

AUGUST 20, 2021

One comment from Sir Christopher Floyd suggests to me that he may not appreciate the problems (1) and (2) cause businesses who try to clear and launch new brands. But that is the system adopted elsewhere, such as the US, and while it can be painful the alternative is the increasingly impossible burden imposed at the brand clearance stage.

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Branding Brands Branding Registration 73

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

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IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. Outside of masks and jewellery, a 2017 U.S. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc.

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Intellectual Property Designs Design Copyright 116