LexBlog IP

OCTOBER 13, 2021

De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The Registrar of Trademarks may cancel a trademark registration if it has not been used in the preceding three years. A trademark license does not need to be written to be valid.

Licensing 52

Licensing Registering Trademarks Registration Trademark 52

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Reporting 52

The IPKat

FEBRUARY 20, 2024

The patent, which included France among the designated states, expired on 5 August 2021. The Cour de Cassation decided to stay the proceedings and refer the following questions to the CJEU [unofficial translation from French by this Kat]: Are the invalidity grounds of (a) registration of a trade mark contrary to the provisions of Art.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

SpicyIP

AUGUST 14, 2023

We also had guest posts by Rahul Bajaj on Delhi High Court’s pragmatic approach while granting an interim injunction in the Modern Foods case, and by Varsha Sharma on Delhi High Court’s order regarding retrospective interpretation of TM 2017 Rules. Anything important we’re missing out on? Drop us a comment below!

Trademark 98

Trademark Registration Art Reporting 98

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. It certainly is not the way you “get” a trademark. Client: “But wait—if I already have a trademark why do I need registration?” In the U.S. Supreme Court’s opinion in Matal v.

Trademark 62

Trademark Registration Trademark Law Business 62

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

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.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999.

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

JUNE 21, 2023

. § 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. 1744 (2017), Iancu v. Japanese Trademark Law, Article 4(1)(viii).

Registration 52

Registration Trademark Trademark Law Law 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. This registration application for trademark of the hue, was sternly opposed by Cadbury’s staunch foe, Nestle.

Trademark 52

Trademark Branding Brands Branding 52

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

SpicyIP

JANUARY 9, 2023

Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Holds ‘Swiss Military’ mark cannot be registered by the defendant as it amounts to false trade description. Boman Irani) to be void. Case: Armasuisse v.

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded.

IP 40

IP Intellectual Property Branding Brands 40