IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.

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Trademark Branding Brands Branding 89

IP Watchdog

JANUARY 17, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S. Applicant U.S. Software Inc. Software Inc.

Trademark 128

Trademark Designs Design Patent 128

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. The phrase comes from Lizzo’s 2017 song Truth Hurts (remade in 2019) that has become a viral sleeper hit.

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Registration Trademark Social Media Music 128

JD Supra Law

OCTOBER 31, 2022

Rapper 6ix9ine has lost the right to trademark his own stage name. He says that 6ix9ine (born Daniel Hernandez) has hurt his career since 2017 when Hernandez began using his similar stage name. A South Carolina recording artist named Warren Hamilton claims he has been using the rap alias “SIX9” while performing since 2007.

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Trademark Patent Law 98

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

Trademark 105

Trademark Intellectual Property Designs Design 105

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

SpicyIP

JUNE 17, 2022

Revlon, however, has a more direct connection with India in the trademark sense. The Trade Marks Registry (TMR) lists Revlon and its related brands as ‘well-known’ trademarks in India since 1997. The commercial implications of being declared a well-known trademark are tremendous. v Sarita Manufacturing Co., 1997 PTC 394.

Trademark 126

Trademark Social Media Branding Brands 126

JD Supra Law

JUNE 14, 2023

The Trademark Trial and Appeal Board (TTAB) decided the case of Yuzu Labs Public Benefit Corporation, 2017 WL 3102592. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). By: Whitcomb Selinsky, PC

Trademark Law 52

Trademark Law Trademark Law Patent 52

Corsearch

NOVEMBER 14, 2023

In the corporate world, trademark data and industry trends can reveal much about competitive filings and sectoral performance. The focus of this data generally lies in its relevance to the particular portfolio or potential trademarks that they are handling at the time. The Corsearch Trademark Industry Report also reveals key trends.

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Trademark Reporting Intellectual Property Editing 59

Intepat

APRIL 10, 2022

Additionally, trademark registrations for MSMEs are relatively cost-effective. Trademarks help your business to stand out from the crowd where there are so many look-alike products. Let us look into how trademark registration can act as an added advantage to a company registered as MSME. Every trademark is unique.

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Registration Trademark Branding Brands 98

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. Christine H.

Trademark 120

Trademark Trademark Law Branding Brands 120

The TTABlog

APRIL 17, 2023

Applicant Chizena, a Long Island resident purportedly oblivious to the meteoric ascent of Aaron Judge in the baseball world, filed his intent-to-use applications for the word marks on July 14, 2017, and for the design mark on October 12, 2017. On July 10, 2017, he won the Home Run Derby at the All-Star Game.

Trademark 95

Trademark Designs Design Licensing 95

JD Supra Law

APRIL 3, 2023

In 2017, the popular singer Lizzo released the song “Truth Hurts,” which became a hit uniquely associated with her. Lizzo applied to register the phrase “100% That B*tch” as a trademark for merchandise encompassing various…. In one of the song’s lines, Lizzo sings, “I just took a DNA test. Turns out, I’m 100% that b*tch.”

Trademark 59

Trademark 59

SpicyIP

JULY 28, 2023

But what seems like a probable ramification of the rebranding move is the trademark dispute that the organization is going to face due to this. many of the Trademark attorneys and reporters have questioned the move due to the similar trademarks held by close to a thousand applicants including tech giants like Microsoft and Meta.

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Trademark Marketing Marketing Branding 96

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

JD Supra Law

APRIL 14, 2022

Stone Brewing has used STONE as a trademark since the early 1990s, and has since become the largest brewery in Southern California and ninth largest craft brewery in the U.S. Fast forward to 2017, when MillerCoors rebranded Keystone Light beer to feature the word STONE printed in large script across its cans. .

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Trademark Business 70

Garrigues Blog

MAY 14, 2024

However, decades after his death, the legacy of Escobar continues to create controversy, this time from an unexpected source, namely the European courts The case arose from a European Union Trademark application for the word mark Pablo Escobar ” filed by the Puerto Rican company Escobar Inc. to cover a wide range of goods and services.

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Trademark Registering Trademarks Intellectual Property Law 52

IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

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Trademark Intellectual Property Branding Brands 90

Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

In February 2022, Colt CZ Group SE (Colt) a Czech holding company filed an application to register a mark depicting an assault rifle as a European Union Trademark (EUTM) containing the word elements “CZ BERN 2”. As a result, the present Community design has no direct impact on the distinctiveness of the contested trademark application.

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Trademark Registration Designs Design 69

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

MAY 2, 2024

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. I’m sure that trademark experts can provide further nuance. by Dennis Crouch Araujo v. Framboise Holdings Inc.,

Trademark 58

Trademark Designs Design Registration 58

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Registering Trademarks 52

IPilogue

SEPTEMBER 1, 2022

NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. 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? JKMG’s trademark portfolio.

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Trademark Registration Registering Trademarks Branding 106

Intepat

DECEMBER 4, 2023

In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity.

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Registration Trademark Contracts Advertising 52

The TTABlog

JANUARY 8, 2024

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. Andrusiek's identical mark, for which he claimed prior use for comic books. Andrusiek v.

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Registration Trademark Social Media Designs 73

IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, the fate of the Gruyère trademark in Canada is still up in the air. However, SCU did not give up.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 105

IPilogue

JULY 20, 2022

On June 8, 2022, Apple took a hit to its trademark portfolio when it lost another trademark battle with Swatch, the famous Swiss watchmaker, before the General Court of the European Union. Through its judgment , the General Court upheld lower court decisions revoking Apple’s rights in its THINK DIFFERENT trademarks. Background.

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Trademark Intellectual Property Public Domain IP 81

SpicyIP

MAY 6, 2024

Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Under Rule 45 of the 2017 Rules, again service of counter statement is by the Applicant itself and not by the Registrar.” 1959 Rules, 2002 Rules and 2017 Rules – Mending Invisible Gaps?

Copying 111

Copying Intellectual Property Law Intellectual Property Law 111

SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.

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Trademark Law IP Registration 98

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 80

IP Watchdog

NOVEMBER 1, 2023

Elster, the latest in a line of recent cases probing the intersection of the First Amendment and trademark law, following 2017’s Matal v. Tam, 2019’s Iancu v. Brunetti, and this year’s Jack Daniel’s v. VIP Products.

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Registration Trademark Law Trademark Law 111

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. Otherwise, the business is at risk of losing its trademark.

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. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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Trademark Registration Registering Trademarks Copying 59

IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

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Trademark Branding Brands Branding 83

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. By Dr. (Prof.)

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Patently-O

OCTOBER 3, 2021

This is apparently the same process used in other recent trademark civil actions. 2017) (“The parties have ‘expressly agree[d] that if the Court determines after reviewing the briefs and evidence on summary judgment that any material issue of fact exists, the Court is authorized to resolve any such factual dispute.'”);

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Trademark Registration Advertising Advertising 132