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.

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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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43(B)log

OCTOBER 10, 2023

FRIDAY, NOV 3 2023 8:45AM - 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program.

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The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. Welch 2023. Goods in Trade: Precedential No.

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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.

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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.

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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.

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LexBlog IP

MARCH 10, 2023

Section 2(c) prohibits registration of any mark that consists of “a name, portrait, or signature identifying a particular living individual except by his written consent.” Respondent’s deadline to file a response is March 29, 2023.

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IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

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Erik K Pelton

JUNE 10, 2023

For more details regarding about the proposal and all the fee changes, see: [link] You can submit comments of your own by June 12, 2023 here: [link] Comments of Erik M. Pelton & Associates, PLLC in person on Monday June 5, 2023, at the Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule.

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LexBlog IP

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark. 2022-1961, 2023 U.S. In re GO & Assocs.,

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The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. In the U.S.

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The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

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Trademark and Copyright Law Blog

DECEMBER 19, 2022

As we ring in 2023, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? Are you monitoring your trademarks in their natural habitat? It misses you! Are you prepared to meet deadlines?

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IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

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43(B)log

OCTOBER 11, 2023

22-1373 (GMM), 2023 WL 6201397, -- F. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The Urrutia, No.

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Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. The contributory trademark infringement claim survives a motion to dismiss. 2023 WL 7325109 (N.D.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

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SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Eligibility Anyone interested in learning about the intersection between Law and Entrepreneurship with a specific focus on IPR are eligible.

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IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. v] Case study Institute of Directors v. yahoo india!

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Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. 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].

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LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

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SpicyIP

MAY 3, 2023

April 13, 2023, it was revealed that the Indian Trademark Registry has undertaken to withdraw the above notices bringing the applications back to their original status. Removal of registrations for non-renewal Several registrations that have lapsed remain in the register without being renewed or restored. Via order dt.

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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. §

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LexBlog IP

MARCH 9, 2023

For creators and sellers of NFTs: The crux of trademark law is to protect consumers from confusion about the source and affiliations of products and services so they can make informed decisions. 22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).) Ownership of trademark rights is not contingent on a registration.

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Garrigues Blog

OCTOBER 26, 2022

The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners. The EUIPO’s guidelines as from 2023.

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Non-Fungible Tokens Trademark Intellectual Property Art 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering copyrights with the U.S.

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The TTABlog

AUGUST 30, 2023

91255786 (August 28, 2023) [not precedential] (Opinion by Judge Marc A. 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." Welch 2023. Monster Energy Company v. SS Vape Brands, Inc. Opposition No. TTABlogged here.

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SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

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Intepat

JULY 4, 2023

As of May 2023, it has been reported that India alone accounts for nearly 467 million YouTube users. The benefits of trademark registration allow the ‘Trademark holder’ to enjoy the following benefits – Protection of the channel name, preventing competitors from stealing or using a similar version of the YouTube channel name.

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LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

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Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Never has, never will. Case citation : Yuga Labs, Inc. Ripps , CV 22-4355-JFW(JEMx) (C.D.

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Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. And even if not, the trademark owner’s push for a preliminary injunction, after the advertiser dropped the trademark from the ad copy, probably wasn’t a high ROI decision.

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. pending or issued registrations) and those that are not.

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The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Welch 2023. Lanham Act, Section 45.

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IP Tech Blog

JULY 10, 2023

In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core. This would allow for enforcement of trademarks in national courts even when the Lanham Act is not applicable. 600 U.S. __ (2023), No. court forum. The case is Abitron Austria GmbH et al.

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