IP Spotlight

DECEMBER 31, 2020

Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant? To answer that question: Patents : In 2020 the USPTO’s eight-year trend of reducing patent application pendency continued to trend downward. million.

Editing 76

Editing Trademark Patent Patent Application 76

Erik K Pelton

DECEMBER 31, 2021

Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect. The TMA was passed as part of the COVID relief bill in December 2020. Despite these steps, trademark applicants and registrants continue to be bombarded with scam mailings and communications.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

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.

Branding 52

Branding Brands Branding Marketing 52

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

Trademark 62

Trademark Registration Branding Brands 62

IP Watchdog

AUGUST 16, 2021

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8

Trademark 139

Trademark Registration Blogging Branding 139

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.

Trademark 105

Trademark Intellectual Property Branding Brands 105

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. 3d 1298, 2020 U.S.P.Q.2d 2020), cert. Meenaxi Enterprise, Inc.

Registration 98

Registration Marketing Marketing Branding 98

Erik K Pelton

JUNE 15, 2022

Well, there isn’t a direct impact on trademarks, which is good news because if you are seeking trademark protection or working with your brand, the supply chain shouldn’t impact getting protection. I challenged myself to think about how does the supply chain impact trademarks?

Trademark 147

Trademark Registration Branding Brands 147

LexBlog IP

APRIL 4, 2022

Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. Opposer made of record its four ROOTS trademark registrations as well as the testimony declaration of its Chief eCommerce Officer. In Roots Corporation v. b) Relatedness of the goods.

Trademark 52

Trademark Brands Branding Branding 52

GDB Firm Blog

JANUARY 24, 2022

Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use. In recent years, the trademark Principal Register has been cluttered with fraudulent trademark registrations.

Trademark 52

Trademark Brands Branding Branding 52

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.

IP 247

IP Intellectual Property Reporting Branding 247

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 96

Registration Trademark Trademark Law Law 96

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. With trademark registration in UAE, it was the first time that the brand gets trademark registration in a gulf country.

Registration 52

Registration Trademark Branding Brands 52

The IPKat

SEPTEMBER 16, 2024

Background On 15 June 2022, Universal Brand Group Pty Limited (‘Universal Brand’) filed for registration of EU trade mark no. Universal Brand appealed to the EUIPO’s Board of Appeal (‘BoA’). Universal Brand contended that there is only limited similarity between the goods without providing any arguments.

Branding 64

Branding Brands Branding Intellectual Property 64

Kashishipr

SEPTEMBER 20, 2021

It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. Also, their use was concerning identical goods.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

Copying 102

Copying Design Designs Branding 102

Erik K Pelton

DECEMBER 8, 2020

But now that they are imminent, the most important thing that brand owners should know is: Filing new applications – or renewals if eligible – in December 2020 will save you money. For details on how to check if your trademark registration is eligible for renewal filing now, see my video here. 23, 2019). Current Fee.

Trademark 184

Trademark Registration Branding Brands 184

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

IP and Legal Filings

APRIL 14, 2023

One such instance was the recent case involving the renowned Basmati Rice Brand ‘DAAWAT’. The suit was filed by the proprietors of the brand, LT Foods Limited ( “Plaintiff” ) against Saraswati Trading Company ( “Defendant” ), who were accused of having diluted the trademarks of the Plaintiff [1]. 2,000 Crores in Financial Year 2020-21.

Trademark 98

Trademark Branding Brands Branding 98

IP and Legal Filings

JANUARY 27, 2023

In India, Section 47 [iii] of the Trademarks Act defines two situations under which a registered trademark may be revoked: If it can be shown that the trademark was registered without a bona fide purpose to use it, the registration will be invalidated. This is also known as the removal of a trademark from the registry for lack of usage.

Trademark 96

Trademark Registering Trademarks Registration Intellectual Property 96

Corsearch

FEBRUARY 14, 2023

The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2]. A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. Can you trademark a holiday name?

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

IPilogue

AUGUST 30, 2021

In the midsummer of 2020, the Supreme Court of the United States rendered an unusual decision in its first telephonic oral argument. The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Photo by Ian Hutchinson (Unsplash). Booking.com B.V.

Registration 105

Registration Trademark Journalism Intellectual Property 105

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!)

Branding 94

Branding Brands Branding Registration 94

JD Supra Law

JANUARY 14, 2022

Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced new tools to remove unused trademarks from the Register and expedite the overall registration process. By: Sullivan & Worcester

Trademark 58

Trademark Registration Branding Brands 58

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." See Mayweather , 2020 WL 6689736, at *3.

Service Mark 116

Service Mark Branding Brands Branding 116

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. million for the years ended December 31, 2022, 2021 and 2020 respectively.

Branding 44

Branding Brands Branding Social Media 44

IP and Legal Filings

DECEMBER 6, 2021

Talking about the United States Patent and Trademark Office (USPTO), the businesses are more into getting a US trademark registration due to its more relevance. Trademarks are important because of their importance in terms of brand management and hence a delay in any process might result in loss of income. Image Source: gettyimages].

Trademark 94

Trademark Due Diligence Registration Business 94

The IPKat

JULY 26, 2024

Where a defendant relies on a trade mark registration as a defence to infringement, the defendant remains protected against infringement until the registration is cancelled by the Court. Sports fans. Cancellation of a registered trade mark is not retrospective and takes effect from the date of the Court’s judgement.

Registration 56

Registration Business Branding Brands 56

Olartemoure Blog

JANUARY 20, 2023

The number of disputes increased by 12 % compared to 2021, representing a cumulative growth of 56 % since the start of the COVID pandemic in 2020.com, com, the generic Top-Level Domain (gTLD), continues to be the domain subject to most popular disputes, accounting for 78% of the total cases.

Intellectual Property 52

Intellectual Property Registration Branding Brands 52

The IPKat

NOVEMBER 12, 2021

As a fan of gin, this guest Kat could not help but notice a recent decision of the UK IPO Opposition division involving two “Hare” brands. The application was published for opposition on 27th March 2020. On 26th June 2020, Whittaker’s opposed part of Little Hare Gin’s application. So let’s take a look at what happened.

Branding 110

Branding Brands Branding Public Domain 110

GDB Firm Blog

APRIL 6, 2021

Recently enacted amendments to the federal Lanham Act trademark statute (Trademark Modernization Act of 2020) which took effect last month, create new procedures and rules that will benefit trademark owners by: A) clearing up the "clutter" of fraudulent trademark registrations which makes it difficult for business people launching a new business (..)

Trademark 52

Trademark Law Registration Branding 52

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. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4] 344/2018]. [6] 344/2018]. [7]

Marketing 98

Marketing Marketing Trademark Registration 98

IP Whiteboard

JULY 8, 2020

On 30 June 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in United States Patent And Trademark Office, Et. The Supreme Court provided a detailed analysis on what makes a trade mark eligible for registration. com” are capable of registration. Al, Petitioners v. Booking.Com B.V.

Registration 40

Registration Branding Brands Branding 40

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. blurry panther mark Strength: Plaintiff’s marks at issue were all highly descriptive.

Branding 59

Branding Brands Branding Marketing 59

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Rather, the defendant must “prominently display the Sunset brand name in a manner that leaves no reasonable confusion that what is being sold. is a Sunset brand filter.” is a Sunset brand filter.”

Designs 75

Designs Design Registration Trademark 75

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. This is commonly referred to as Genericide. Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox.

Trademark 85

Trademark Branding Brands Branding 85

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. Floor cleaning appears to be big business, with the claimant enjoying more than £17m in turnover in 2020 (boosted by the pandemic, perhaps?).

Editing 67

Editing Registration Branding Brands 67