The TTABlog

MARCH 17, 2024

The Board granted a petition for cancellation of a registration for the mark VIPER SPORTS for "“batting gloves; baseball batting gloves," finding confusion likely with the common law mark VIPER for batting gloves. 92078710 (March 8, 2024) [not precedential] (Opinion by Judge Karen S. See Trademark Rule 2.122(e)(2), 37 C.F.R.

Registration 57

Registration Social Media Trademark Business 57

The TTABlog

APRIL 30, 2024

In another precedential procedural ruling, the Board held that, because a registration expires by law as of its sixth anniversary if a Section 8 declaration is not filed before the expiration of the six-month grace period, a petition for cancellation filed during the grace period is deemed moot and judgment cannot be entered against the respondent.

Registration 62

Registration Law Trademark Copyright 62

LexBlog IP

JANUARY 31, 2024

In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Proposals to use NFTs to replace or supplement copyright recordkeeping did not demonstrate added value.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, 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? If you acquired a trademark as part of a business transaction, let your attorney and the USPTO know that you’re the owner now.

Trademark 52

Trademark Registration Branding Brands 52

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

LexBlog IP

JUNE 26, 2023

On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024. as of January 1, 2024. to $555.00 to $225.00

Intellectual Property 52

Intellectual Property Patent Application Trademark Blogging 52

The TTABlog

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. 92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. Hard to do without thorough discovery, probably including a deposition of the registrant. Welch 2024.

Registration 62

Registration Service Mark Trademark Copyright 62

The TTABlog

JANUARY 8, 2024

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. 92064830 (September 6, 2022) [re-designated as precedential, January 4, 2024] (Opinion by Judge Frances S. Text Copyright John L. Welch 2022, 2024.

Registration 73

Registration Trademark Social Media Designs 73

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it.

Trademark 79

Trademark Branding Brands Branding 79

The TTABlog

APRIL 8, 2024

The Board granted a petition for cancellation of a registration for the mark TEEN EARTH for "entertainment in the nature of beauty pageants" on the ground of abandonment. 92076712 (April 4, 2024 [not precedential] (Opinion by Judge Michael B. Speaking of proving nonuse/abandonment, here's an instructive opinion right on point.

Registration 67

Registration Trademark Copyright 67

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. 88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B.

Trademark 51

Trademark Designs Design Service Mark 51

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. 97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L.

Registration 62

Registration Branding Brands Branding 62

SpicyIP

APRIL 15, 2024

Looking at the AP HC’s Curious Decision on Textbooks and Copyright In a significant decision, the AP High Court made some curious findings on copyright and educational material. Is Every ‘Educational Use’ a ‘Fair Use’? Yogesh argues that the reasoning adopted by the Court is problematic and unreasonable. Read on to know more.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T.,

Trademark 52

Trademark Patent Copyright Confidentiality 52

The TTABlog

MARCH 11, 2024

Grateful American waited nearly a year after filing its answer in Gildan Activewear's opposition to registration of the mark GRATEFUL AMERICAN APPAREL before filing this petition for cancellation. 92081329 (March 8, 2024) [not precedential]. Text Copyright John L. Welch 2024. Grateful American Apparel LLC v.

Registration 67

Registration Trademark Copyright 67

The TTABlog

JANUARY 23, 2024

Motor Trend [ TTABlogged here ], the Board ruled that a cancellation proceeding commenced during the Section 8 grace period for the target registration is mooted if the registrant does not timely file its Section 8 Declaration of Use. WKND NYC LLC , 2024 USPQ2d 86 (TTAB 2024) [precedential]. & Trademarks , 51 F.3d

Registration 70

Registration Trademark Law Copyright 70

Biswajit Sarkar Copyright Blog

NOVEMBER 15, 2023

The Madrid Protocol is a well-known international trademark registration and protection system for efficient and easy trademark filing and management. This shall come into force from November 1 , 2024. However, certain changes to the Madrid Protocol starting November 1, 2023, will come into effect.

Registration 71

Registration Trademark 71

SpicyIP

JANUARY 1, 2024

AI and copyright: Prompts and Intellectual Inputs This Time from China Recently in a copyright infringement dispute concerning a work generated by using an AI, the Beijing Internet Court held that it qualifies as an original work of human intellectual achievement. Srinivas Rao & Anr.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

SpicyIP

JANUARY 29, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into Rahul Cherian’s legacy regarding Copyright Disability Exceptions, National Pharmaceutical Policies and Drug Pricing, and the complicated relationship between Taxation and IP. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt.

Music 59

Music Intellectual Property Copyright IP 59

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. 90 USPQ2d at 1308.

Service Mark 67

Service Mark Registration Licensing Advertising 67

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

The TTABlog

FEBRUARY 27, 2024

The USPTO refused registration of the mark TABLEAU for wine, finding confusion likely with the identical mark registered for "restaurant and bar services; cocktail lounges." 97040804 (February 22, 2024) [not precedential] (Opinion by Judge Wendy B. Text Copyright John L. Welch 2024. How do you think this came out?

Registration 51

Registration Trademark Advertising Advertising 51

The IPKat

JANUARY 31, 2024

Two webinars on trade secrets in the EU On February 8, the European Communities Trademark Association (ECTA) and the Bulgarian Patent Office will jointly host a webinar on the EU Trade Secrets Directive. Registration is open here. The event will take place on February 27 and the registration is available here.

Intellectual Property 62

Intellectual Property Editing Registration IP 62

The TTABlog

MARCH 27, 2024

90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. The CAFC there, in a case involving a failure-to-function refusal of the phrase EVERBODY VS RACISM, said: The [Trademark] Act conditions the registrability of any mark on its ability to distinguish an applicant’s goods and services from those of others.

Service Mark 54

Service Mark Registration Trademark Designs 54

The TTABlog

FEBRUARY 14, 2024

Chestek listed a post office address, but under Trademark Rules 2.32(a)(2) 13, 2024) [precedential]. The court concluded that the USPTO's requirement is not a substantive rule because it "does not alter the substantive standards by which the USPTO evaluates trademark applications, e.g., a mark's use in commerce or distinctiveness. "As

Privacy 80

Privacy Trademark Registration Copyright 80

The TTABlog

APRIL 29, 2024

91286055 (April 24, 2024) [precedential]. This includes the name of the opposer, which is identified on the ESTTA filing form directly following the statement: “Notice is hereby given that the following party opposes registration of the indicated application.” See Section 7(c) of the Trademark Act and Trademark Rule 2.129(d).

Registration 48

Registration Ownership Trademark Law 48

SpicyIP

JANUARY 22, 2024

Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act. Section 60 of the Copyright Act: Finally, Some Answers(?) Read this guest post by Suriya Balakanthan to know more.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

The TTABlog

MARCH 13, 2024

90263124 (March 11, 2024) [not precedential] (Opinion by Judge Mark Lebow). Applicant Hartford pointed out that its stock ticker symbol HIG has been publicly listed on the New York Stock Exchange since 1995, peacefully co-existing with the cited registrations. Text Copyright John L. Welch 2024. Once the U.S.

Registration 62

Registration Designs Design Trademark 62

Copyright Lately

MARCH 13, 2024

is flexing its copyright muscles once again, this time targeting the developers of hundreds of games inspired by Wordle, the popular word game the Times purchased in 2022. purchased the copyright in Wordle in 2022 from original developer Josh Wardle. ” The New York Times Co. The aforementioned Lingo first premiered in the U.S.

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Social Media Copyright Registration Copying 97

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024.

Invention 83

Invention Publishing Inventor Designs 83

SpicyIP

MARCH 4, 2024

Navigating Denied Filings: Trademark Justice at the Crossroads of the Commercial Courts Act DHC’s recent order in TTK Prestige v. Baghla Sanitaryware is the classic case when trademark justice to prevent infringement clashes with procedural rigors. Oppo proceedings. Read on to know more about the development.

Invention 59

Invention Trademark IP Patent 59