LexBlog IP

DECEMBER 19, 2023

MR. CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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The TTABlog

NOVEMBER 24, 2021

The new rules [pdf here ] go into effect on December 18, 2021 , except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. Petitions requesting institution of proceedings for reexamination or expungement will be accepted on or after December 27, 2021.

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The TTABlog

MARCH 8, 2022

88304005 and 88584338 (February 24, 2022) [not precedential] (Opinion by Judge Michael B. The Trade Mark [sic] Act is not an act to register words but to register trademarks. Welch 2022. In re Renaissance Jewelry New York, Inc. Serial Nos. In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960).

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IPilogue

AUGUST 18, 2022

On May 24, 2022, the Québec government adopted Bill 96 , one year after it was introduced. Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage.

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IPilogue

FEBRUARY 8, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Unregistered vs Registered Trademarks. To some extent trademarks can be protected without registration. What can be a Trademark?

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The TTABlog

JUNE 1, 2022

The USPTO refused registration of the mark BREWSKI (in standard characters) for "Equipment sold as a unit for playing drinking games comprised of an apparatus for holding multiple cups," finding confusion likely with the registered mark BREWSKI BROTHERS for "sports balls" [BROTHERS disclaimed]. Welch 2022. Text Copyright John L.

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IP Tech Blog

AUGUST 17, 2022

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer.

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Above the Fold

DECEMBER 29, 2021

According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”.

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LexBlog IP

DECEMBER 29, 2021

According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”

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SpicyIP

DECEMBER 5, 2022

The last date for applying for the position is December 31, 2022. on 25 November, 2022 (Delhi High Court). Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit.

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The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”. Today, it’s about the trade marks.

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LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. In Windows.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. In an order dated 27th April 2022, Justice Pratibha M. Sangita Sharma. Relevant Background and Parties Submission. Defendant no.

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Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 2022-1212 (Fed. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The DANTANA’S mark registered in 2005 as Registration No.

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LexBlog IP

JANUARY 16, 2024

2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. Chutter, Inc. (No. 2929764 ) for restaurant services.

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Canadian Intellectual Property Blog

JUNE 22, 2022

For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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LexBlog IP

FEBRUARY 16, 2023

This deliberation process resulted in the 2019 stop-gap revisions to the Trademark Law that were primarily focused on addressing the issue of trademark hoarding. It also adds “or other elements” to the list of signs that can comprise registered trademarks. single color marks, scent marks, etc.)

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IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

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LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. 2022-1212). The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc.,

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IP and Legal Filings

JANUARY 31, 2023

Expansion of Legal Protections By deterring imitated products, trademarks safeguard a company’s identity and the image of its brand(s), especially in the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing. iv] Brooks Kushman, Nike v.

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IP and Legal Filings

OCTOBER 28, 2023

Only when the individual makes use of the following mark does trademark infringement take place in the form of dilution: Similar or identical to a registered trademark with established goodwill in India Use relates to products or services other than those covered by the registration. 2015) What is trademark dilution?

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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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SpicyIP

DECEMBER 12, 2022

Saga Films on 17 November, 2022 (Madras High Court). on 25 November, 2022 (Delhi High Court). Itc Limited vs Khayrul Bashar And Anr on 30 November, 2022 (Calcutta High Court). on 2 December, 2022 (Delhi High Court). on 2 December, 2022 (Delhi High Court). vs Union Of India on 2 December, 2022 (Madras High Court).

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43(B)log

FEBRUARY 15, 2022

Woo Signatures, LLC, 2022 WL 409957, No. 7, 2022) Another keyword ad-plus case fails. Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.”

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LexBlog IP

AUGUST 17, 2022

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. 7) causing harm to other’s exclusive rights to use registered trademarks.” 7) causing harm to other’s exclusive rights to use registered trademarks.”

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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. s entitlement to the trademark manifests on the application date or registration date. Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”

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43(B)log

SEPTEMBER 13, 2022

Warzone.com, LLC, 2022 WL 4117035, No. 15, 2022) Applying Gordon v. 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. Activision Publishing, Inc.

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LexBlog IP

DECEMBER 23, 2021

Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. A summary of the changes follows: Ex Parte Expungement and Reexamination Proceedings: Any party, including the U.S.

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IP Intelligence

DECEMBER 23, 2021

Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. A summary of the changes follows: Ex Parte Expungement and Reexamination Proceedings: Any party, including the U.S.

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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. A notice of allowance issued in 2022. 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

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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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. 2022, February 28). Lal Babu Priyadarshi [9].

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Selvam & Selvam Blog

NOVEMBER 3, 2022

The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. The case, Frankfinn Aviation Services Private Ltd.

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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.”). Welch 2022. 1064.”). .”); Cunningham v.

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IP and Legal Filings

SEPTEMBER 21, 2022

The Second Question: How the Trademarks are governed and whether this type of activity violates the said law? Trademarks are governed through the Trademarks Act, 1999 [1]. when the trade name used is similar or identical to the trademark registered. References: [1] The Trademarks Act, 1999. [2]

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Sander Law

JUNE 22, 2022

Trademarks: Priority Foreign Filing Deadline. Trademark registration is jurisdictional, meaning you file applications to register a trademark in each country you want to protect your brand. Paris Convention. That is your later filed US application is first in line (e.g.

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