JD Supra Law

DECEMBER 30, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. By: Fox Rothschild LLP

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Above the Fold

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. Summaries of the new procedures and the changes to existing procedures are located on the USPTO’s website , and we previously blogged about them here and here.

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LexBlog IP

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. ” Summaries of the new procedures and the changes to existing procedures are located on the USPTO’s website , and we previously blogged about them here and here.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

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IP and Legal Filings

DECEMBER 6, 2021

With growing businesses atmosphere and more strong due diligence in terms of getting aware of their rights, there has been a huge influx in registering of their IP assets. 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.

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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].

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IP and Legal Filings

JULY 28, 2022

The Act, however, focused not only on the intention of the use but the actual use for the purpose of registration. However, in response to the international pressure, through an amendment in 1988, the intent to use was considered as a ground for registration. The most notable are discussed below.

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SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. An article on Scroll.in The Ministry had claimed that 14.2

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IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

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LexBlog IP

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. 7) causing harm to other’s exclusive rights to use registered trademarks.”

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Trademark Registering Trademarks Art Cease and Desist 52

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.

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LexBlog IP

DECEMBER 12, 2021

As of December 2021, applicants filed 1,505 separate trademark applications during the entire calendar year. In contrast, 2020 saw only a paltry 15 separate NFT trademark filings. The table below shows the number of trademarks filed , not registered. Trademark Filing Month. January 2021. February 2021.

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

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The TTABlog

JANUARY 21, 2022

2020) (“In this appeal, we review de novo whether SFM pleaded sufficient facts to establish entitlement to challenge Corcamore's registered trademark under § 1064. requires only that the party seeking cancellation believe that it is likely to be damaged by the registration.”). See , e.g., Corcamore, LLC v.

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LexBlog IP

NOVEMBER 24, 2021

Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the applicant and that it is the actual owner of the mark. intends to assign the trademark to a corporation to be incorporated.

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The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL and Morison were both manufacturers of paracetamol painkillers.

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43(B)log

SEPTEMBER 13, 2022

Activision sought to register trademarks for WARZONE and CALL OF DUTY WARZONE, which Warzone.com opposed. Eventually, this declaratory judgment/counterclaims for trademark-related claims resulted. Given this result, the court had no authority to decide whether Activision’s pending applications should proceed to registration.

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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.

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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. 4] Section 9(2)(b) of the Indian Trademarks Act, 1999.

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Biswajit Sarkar Copyright Blog

JULY 19, 2023

The duration of the registration of the mark under the Trade Marks Act, 1999. Enhanced Remedies : In case of infringement proceedings, the proprietors of well-known trademark are awarded with stronger legal remedies, such as injunctions, damages, and criminal penalties by the court. Commercial IP Suit (L) No.

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SpicyIP

DECEMBER 5, 2022

Setaret’ ,which though is registered, has not been used by the Plaintiff and ‘Sitared’ which is being used by the Plaintiff and is pending consideration for registration. The Plaintiff had filed the suit pending registration of its mark ‘Milaap’ seeking remedy against passing off. vs Airhdx.Com & Ors. Now’ and “E!

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IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs claimed that Defendants had infringed on its well-known trademarks ‘Hamdard’ and ‘RoohAfza’ and were passing off their products as Plaintiffs’ by using the name ‘DilAfza.’ Plaintiffs have Class 32 registrations as well. ” Judgment.

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SpicyIP

AUGUST 7, 2023

Sabu Trade Private Limited vs The Registrar Of Trade Marks on 2 August, 2023 (Bombay High Court) The dispute pertained to the question of whether the Trademark Registry can make “typographical corrections” in registered trademarks? Passing a summary judgement, the Delhi High Court restrains the Defendant from using ‘Whitehat Sr.”

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IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. For example, in 2020, @karmanverdi – a Russian Musical Artist – created a novel approach to take photos in Lockdown and titled the series “There are so many ghosts at my site.”

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Kashishipr

JUNE 23, 2021

The digital universe is so large that it is said that big data is doubling in size every two years, and by the end of 2020, it is expected to reach 44 zettabytes. Trade secrets are preferred over patents since they are perpetual and involve no legal costs like registration, compliance obligations, disclosure requirements, etc.

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Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Scholastic Inc. and John Middleton Co. Final Thoughts.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. The court had granted an ex parte ad interim injunction in 2020.

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LexBlog IP

SEPTEMBER 29, 2022

–Penn State Football @PennStateFball on 12/7/2020. 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 ). . –Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017).

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LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. registered trademarks: Elohim—4. ” Aseri, Commercializing Religion Via Trademarking God, 23 J. 75, 79 (2020).

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43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. the aforementioned book; and USPTO records showing over 570 live registered trademarks using the term “good” to describe meats and processed foods.

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LexBlog IP

JUNE 21, 2023

Generally, the Trademark Office will not allow a mark associated with a living person without permission. However, historical trademarks involving non-living individuals do not require permission. So watch the docket to see how this case plays out, and to see how it impacts the concept of the registration of historic figure trademarks.

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IIPRD

SEPTEMBER 17, 2021

A trademark thereby helps customer recognize a business. Continuous use of the trademark is an essential requirement for not only registration but also for enforcing one’s right against infringement. Section 47 of the Indian Trademark Act, 1999 talks about the removal of trademark when not used for a certain period of time.

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SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. on 8 May, 2023 (Delhi High Court) This case concerned rectification of the Trademarks Register by removing the respondent’s.

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SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

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Erik K Pelton

JULY 28, 2022

There’s a lot to unpack in the Trademark Modernization Act, but I want to hit the highlights here. The USPTO then published proposed rules in early 2021, the final rules were published in November of 2021, and the Trademark Modernization Act took effect on December 18th, 2021. What is the ground of expungement?

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43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

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