LexBlog IP

DECEMBER 31, 2023

In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). That is why it is crucial to have an experienced trademark attorney file a trademark for you.

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LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 of 37 CFR Part 6, aligning it with the 12th edition, version 2024, of the Nice Classification published by the World Intellectual Property Organization (WIPO).

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The TTABlog

FEBRUARY 29, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of March 2024. March 18, 2024 - 3 PM: A.E. March 18, 2024 - 3 PM: A.E. March 20, 2024 - 1 PM: Thomas W. March 20, 2024 - 1 PM: Thomas W. Tribe, LLC v. Dave Dean , Opposition No. Fiveable Inc. Opposition No.

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The TTABlog

APRIL 1, 2024

1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use Section 2(e)(1) - Mere Descriptiveness: Precedential No. Goodyear, "Queer Trademarks." Welch 2024. In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?

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Designs Design Registration Trademark 57

Sander Law

JULY 30, 2023

2024 CIPO fee increases The Canadian Intellectual Property Office (CIPO) is applying a one-time fee increase of 25% to most of its fees for trademarks, patents, copyright and industrial design registrations. Canadian Trademark renewal with 1 class of goods/services - $421.02 --> $555.00

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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.

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The TTABlog

DECEMBER 29, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of January 2024. January 4, 2024 - 11 AM: In re Kattina V. January 4, 2024 - 11 AM: In re Kattina V. January 11, 2024 - 11:30 AM: In re Loops, LLC , Serial No. January 16, 2024- 1 PM: In re YMF Carpets, Inc.

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JD Supra Law

JANUARY 9, 2024

The Canadian Intellectual Property Office amended its service standards for trademarks to better reflect the length of the current trademark registration process. By: Stikeman Elliott LLP

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JD Supra Law

FEBRUARY 22, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. By: Erise IP

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JD Supra Law

JANUARY 30, 2024

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. By: Locke Lord LLP

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Registering Trademarks Registration Trademark 68

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.

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Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. notice, registration, and renewal) formerly imposed under U.S. Here’s what it all means. copyright terms.

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JD Supra Law

APRIL 3, 2024

In a published decision issued April 1, 2024 (no fooling), the Ninth Circuit in BBK Tobacco & Foods LLP v. weighed in on somewhat esoteric topics concerning whether federal courts have jurisdiction to hear challenges to pending federal trademark applications. Central Coast Agriculture, Inc. By: Miller Nash LLP

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Trademark Registration Branding Brands 50

JD Supra Law

MARCH 22, 2024

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations.

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DuetsBlog

OCTOBER 18, 2023

Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S.

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Indiana Intellectual Property Law

MARCH 5, 2024

The U.S. (..)

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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.

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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.

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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.

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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 $458, resulting in more than a 30% increase.

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TorrentFreak

FEBRUARY 16, 2024

Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. Judge Michael T.

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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.

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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.

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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. Welch 2022, 2024. Andrusiek v. Doskocil Mfg.

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SpicyIP

MARCH 12, 2024

Apparently, the trademark registry’s website has been malfunctioning a bit too often since late 2023. A few days later, the CGPDTM announced that the public search and E-registry features were working again and would be available 24/7 without any time restrictions starting from 1st February 2024 (discussed here ).

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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.

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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.

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LexBlog IP

OCTOBER 18, 2023

Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S.

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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.

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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”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

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.

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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.

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LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

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LexBlog IP

JUNE 27, 2023

The United States Patent and Trademark Office (“USPTO”) recently announced a proposal to introduce certain new fees and increase some existing fees relating to trademark filings. The proposed fee changes are slated to go into effect November 1, 2024, after a public comment period on the proposal.

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JD Supra Law

FEBRUARY 2, 2024

22, 2024) - In an opinion made precedential at the PTAB’s request, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed a PTAB determination that a trademark application for the wordmark “EVERYBODY VS. RACISM” committed a “cardinal sin” under the Lanham Act by undermining the source-identifying function of a trademark.

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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.

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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.

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