TorrentFreak

APRIL 12, 2022

In November 2019, the US federal government shut down IPTV services operated by Bill Omar Carrasquillo, aka ‘Omi in a Hellcat’ IRS and FBI agents seized “at least” $5.2m Carrasquillo’s ‘Reloaded’ IPTV Branding. Company Claims Ownership of ‘Reloaded’ Trademark. Trademark Registration No.

Branding 121

Branding Brands Branding Trademark 121

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

Registration 74

Registration Trademark Blogging Law 74

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. 23, 2019). Post Registration Fees.

Trademark 184

Trademark Registration Branding Brands 184

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

Selvam & Selvam Blog

SEPTEMBER 16, 2021

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. However, the use of a trademark is rarely monitored subsequent to its registration.

Registration 52

Registration Trademark Branding Brands 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

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Registration Trademark Trademark Law Law 78

IPilogue

SEPTEMBER 22, 2021

Which trademark battle? THE trademark battle—the one over who owns trademark rights in the word “THE”. In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods.

Trademark 105

Trademark Branding Brands Branding 105

The IPKat

MAY 30, 2024

The Board of Appeals of the Italian Patent and Trademark Office (UIBM) recently issued a decision in favour of Elettra Lamborghini, allowing her to register her name as a trade mark despite the opposition from well-known car manufacturer Automobili Lamborghini. The Applicant appealed.

Registration 57

Registration Music Trademark Branding 57

The TTABlog

MAY 29, 2024

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. 87405211, 2019 WL 6245131, at *4 (TTAB 2019) (internal punctuation omitted). TTABlogged here ]. In re Ocean Tech.,

Service Mark 116

Service Mark Branding Brands Branding 116

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d

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Registration Marketing Marketing Branding 98

The IPKat

NOVEMBER 30, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Javohir Kurbonov and Khalil Jurayev (both Prolegals Law Firm) on some recent developments in the trademark law of Uzbekistan. What does it offer for holders of well-known (famous) trademarks?

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Trademark Registration Intellectual Property Government 62

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

Intepat

JUNE 5, 2023

Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. On the other hand, New Delhi-based Resilient Innovations Private Limited (Defendant) is a relatively new company known for its brand BharatPe.

Trademark 52

Trademark Cease and Desist Branding Brands 52

IPilogue

SEPTEMBER 16, 2022

After a lengthy 22-year trademark battle with Chinese businessman Fang Yuzhou, London-born shoe company Manolo Blahnik has won the legal right to use their name in China. Manolos have never been sold in mainland China because Yuzhou registered the trademark “Manolo & Blahnik” in 1999 in China. China’s Trademark System.

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Registering Trademarks Trademark Registration Branding 103

IP and Legal Filings

AUGUST 4, 2022

Co-existence agreements are a way to allow potentially confusing trademarks to exist simultaneously in the market without any action of trademark infringement. First, the validity directly depends on the concept of trademarks being the property of their “owners”. How the Ohio State University secured registration.

Trademark 71

Trademark Registration Marketing Marketing 71

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Hasbro v EUIPO. In 2015, Doga?aji’s

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked? The post Trademark War for THE.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked?

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

MAY 1, 2021

However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic. The main issue is whether a generic word “THE” can be trademarked?

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 16, 2021

This may include creating products with certain distinct features, such as a particular smell or a sound that is exclusive to the product and the brand. Thus, several companies have attempted to manufacture products implanted with a particular smell that is exclusive to the brand. Global and Indian laws concerning smell trademarks.

Trademark Law 52

Trademark Law Trademark Law Registration 52

LexBlog IP

OCTOBER 28, 2021

This blog post is inspired by Halloween candy and uses tasty treats to offer insights into trademark rights. As of June 2019, the definition of a registrable trademark in Canada expanded to include various distinguishing features, known as non-traditional marks.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Indiana Intellectual Property Law

JUNE 23, 2022

NuStar was granted a registration for its mark RELOADED® under Registration No. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania. These efforts fell apart in late 2019. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C.

Trademark 52

Trademark Registration Designs Design 52

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.

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Cease and Desist Branding Brands Branding 106

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.

Branding 52

Branding Brands Branding Registration 52

The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

IP 83

IP Service Mark Cease and Desist Registration 83

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

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Trademark Law Trademark Law Registering Trademarks 40

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Canadian Intellectual Property Blog

MARCH 26, 2020

On June 17, 2019, Canada’s new Trademarks Act and Trademarks Regulations came into force. The new Act and Regulations introduced significant changes to Canada’s trademark practice. However, trademark owners should be aware that registration fees must still be paid on applications that were filed prior to June 17, 2019.

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Trademark Registration Intellectual Property Branding 52

Canadian Intellectual Property Blog

FEBRUARY 3, 2021

Words and logo designs tend to steal the show when it comes to what many typically associate with the term “trademark”. What is often underrepresented is that trademarks can be used to interact with consumers beyond their two-dimensional, visual components. Trademarks Act). Trademarks Act).

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). The end result of the Court’s decision in Arthrex was to create a regime very similar to the trademark statutory scheme in place as of 2019.

Trademark 98

Trademark Registration Intellectual Property Music 98

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. Trading on the goodwill of the trademark” and using the trademark as a source indicator are two very different things.

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Blogging Trademark Branding Brands 112

LexBlog IP

SEPTEMBER 29, 2022

(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 ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

Intepat

JULY 12, 2021

In today’s fast-paced world, firms are increasingly employing unconventional types of trademarks in addition to conventional kinds of trademarks. The registration of unconventional trademarks is not new in India. With emerging sorts of trademarks, the law is still catching up. MOTION MARK UNDER TRADEMARK ACT.

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Registration Trademark Journalism Branding 98

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

Branding 52

Branding Brands Branding Marketing 52

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. The brand image is created of the company.

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Intellectual Property Invention Trademark Copying 98