IP and Legal Filings

JANUARY 11, 2024

Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration. The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks.

Trademark 87

Trademark Intellectual Property Branding Brands 87

The IPKat

MAY 30, 2023

Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line.

Intellectual Property 70

Intellectual Property Intellectual Property Law Designs Design 70

IPilogue

FEBRUARY 16, 2023

Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. On November 28, 2019, Full Black Colour applied to cancel Banksy’s trademark under the European Union Trademark Regulation ( EUTMR ).

Trademark 105

Trademark Artwork Registration Art 105

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

IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. Similarly, a 2019 amendment included bad faith in section 38(2)(a.1) Toti Holdings Inc.

Trademark 111

Trademark Registration Advertising Advertising 111

IP and Legal Filings

AUGUST 11, 2023

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] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

Trademark 77

Trademark Registration Intellectual Property Intellectual Property Law 77

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. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. com” does not make “booking” non-generic for trademark registration when it becomes “Booking.com.” The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

OCTOBER 6, 2022

GIs are protected under the Trademarks Law as collective or certification marks, the Pyidaungsu Hluttaw Law No. 3, which is enacted on 30 January 2019. Two protection systems of geographical indication’s products are registration system and non-registration system. Who can apply for GI registration?

Registration 52

Registration Trademark Law Intellectual Property Trademark 52

IPilogue

OCTOBER 19, 2021

Hershey’s Kisses trademark may not be considered inherently distinctive since Kisses look like any other chocolate chip on the shelf, making Hershey’s Kisses a descriptive good rather than a mark registrable on the USPTO’s Principal Register. However, the exclusive rights over a shape can prove problematic.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

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! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. © 2020 Erik M. 2018: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

LexBlog IP

JANUARY 13, 2022

Canada also acceded to the International Nice Classification System in 2019. As a result, goods and services in all registrations issued before 2019 must be classified around the time of their renewal. Registrants face up a five-month delay in having their classification requests reviewed. Classification. Coming Soon!

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

Dear Rich IP Blog

SEPTEMBER 16, 2020

Instead, vendors had operated laissez-faire , selling a wide range of goods until December 2019, when a Florida company acquired the exclusive right to use the Louise Brooks trademark on over 40 types of merchandise (listed below). The story behind the trademark. 15 USC Sec. It's a wonky workaround but it should suffice.

Public Domain 52

Public Domain Graphic Design Art Trademark 52

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. ” 15 U.S.C. §

Trademark 40

Trademark Cease and Desist Registration Trademark Law 40

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Precedential No. Guess What? Guess What?

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

OCTOBER 25, 2022

The reason why my childhood featured Kwik Star, while those of my Wisconsin peers featured Kwik Trip, is a product of none other than trademark law. What’s more, QuikTrip would register its first trademark in 1994, making QuikTrip “quick on the draw” for trademark registration.

Registering Trademarks 52

Registering Trademarks Branding Brands Branding 52

SpicyIP

JANUARY 31, 2024

Upon cross-checking, while I couldn’t see a separate registration for the above tagline, I found the registered mark “ Daryaganj – By the inventors of Butter Chicken and Dal Makhani (Logo and device) ” Given these details (i.e., The plaintiffs’ precise argument and its foundation—be it registration or reputation—remain ambiguous.

Inventor 64

Inventor Ownership Reporting Registration 64

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. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IP and Legal Filings

NOVEMBER 2, 2021

This case comes in when the Retrolympics applied for the word and the figurative mark Retroolympic at the German Patent and Trademark Office in 2012 (for Nice classes 28 (games and sporting goods); 35 (advertising) and 41 (sporting and cultural activities). Post-publication, IOC filed for an opposition.

Trademark 76

Trademark Patent Trademark Law Advertising 76

IP and Legal Filings

SEPTEMBER 17, 2021

As of 2019, the apparel market was valued at about 368 billion U.S With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry. Trademark laws play a prominent role in the fashion industry by legally protecting the logos of apparel manufacturers and fashion conglomerates.

Designs 69

Designs Design Artistic Work Technology 69

LexBlog IP

SEPTEMBER 15, 2021

.” The dispute highlights that multi-jurisdictional trademark owners and users must carefully consider whether any infringement issues may arise in relation to any generic meaning of the mark in the specific jurisdiction where use (or even trademark protection) is sought. Background.

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." Applicant Vape SS has been using its mark since 2016 and selling nationwide since 2019, and is "No. As to the goods, opposer's attempt to show relatedness was unsuccessful.

Designs 57

Designs Design Branding Brands 57

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

Since domain names have a worldwide outreach, its registration is done by an international organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Even before applying for registration, the registrant will have to check whether his domain name is similar to any other registered domain name in the WHOIS.

Registration 52

Registration Trademark Cinema Business 52

IPilogue

JANUARY 14, 2022

Trademark Law. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names and Trademark Protection.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. 2019), [link].

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IIPRD

OCTOBER 14, 2022

It is overwhelming that the value of FinTech transactions is projected to increase from $66 billion in 2019 to US$138 billion in 2023 with a current rate of 20% compound annual growth. Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization. EZY Services and Others”.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

Registration 76

Registration Blogging Copyright Designs 76

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. 2294 (2019). Tam , 582 U.S. 218 (2017); Iancu v.

Blogging 111

Blogging Trademark Branding Brands 111

SpicyIP

JANUARY 2, 2024

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. However, despite focusing on its economic and informational relevance, trademark law often intersects with moral considerations and impulses.

Trademark 59

Trademark Law Trademark Law Registration 59