Patent Trademark Blog

APRIL 5, 2022

Actually, it is significantly more difficult to expedite a trademark application than a patent application. To speed up patent applications, you have options like Track One and Rocket Docket for utility and design applications, respectively. So this extraordinary remedy is limited by design.

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SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. Registration No. Registration Date. OPTISELECT. May 16, 2017. September 14, 2004.

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Trademark False Advertising Patent Registration 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied.

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IP Tech Blog

AUGUST 17, 2022

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. 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

JUNE 14, 2023

A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name. Many countries require registering a trade name or business name in a special register. The expenses associated with trademark registration pale in comparison to this.

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43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. and [the] Coach” brand.

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Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. The second reason is that trademarking names or symbols that are “customary” in everyday commercial practices is impossible. Judicial Decision.

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LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.

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Intepat

NOVEMBER 14, 2022

Even when conducting a trademark search, you need to know the “ trademark classification ” and “ trademark classes.” ” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure.

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Trademark Registering Trademarks Registration Music 98

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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Trademark Copyright Cease and Desist Copying 250

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. Oswald the Lucky Rabbit.

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Public Domain Trademark Copyright Registering Trademarks 52

LexBlog IP

JULY 12, 2021

On the other hand, the other register at the United States Patent and Trademark Office (USPTO) is the Principal Register. This article will compare each register, and explain the usefulness of each. What is a Supplemental Register Trademark? Supplemental vs Principal Register Comparison Table.

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Trademark Graphic Design Registration Registering Trademarks 52

azrights

OCTOBER 27, 2021

Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

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Kashishipr

AUGUST 24, 2022

Class 35 – Dealing with office functions, advertising, business administration, and business management. Trademark for the Taj Mahal Palace Hotel. The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration.

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43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.

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Trademark Fair Use Registration False Advertising 59

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

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The IPKat

DECEMBER 16, 2021

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 had a registered trademark in the word “Conphamol” and the design of the product packaging.

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Copyright IP Ownership Copyright Infringement 89

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., Background.

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Trademark Registration Branding Brands 52

SpicyIP

NOVEMBER 7, 2022

The Division Bench of the Delhi High Court upheld that order of the commercial court and reiterated that registration over a composite mark does not guarantee a protection over any specific part of the mark. The court relied on its previous orders which dealt with identical facts and had ordered for advertisement therein.

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TraskBritt Intellectual Property

MARCH 22, 2021

Why Should you File a Trademark Application? Trademarks are a word, phrase, symbol, and/or design that identifies goods and/or services and also distinguishes the source of those goods from other sources of similar goods. In the United States, trademark protection is available at common law without the need for registration.

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LexBlog IP

FEBRUARY 26, 2023

“ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, the modern concept of trademarks as legally protected intellectual property emerged in the late 19th century.

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Kashishipr

JANUARY 19, 2022

A brand name is usually a name given by the proprietor of a product or service to designate a name to the company with which it is associated. A trademark helps create a brand image by creating a sense of the promise of some specific attributes and values promised in advertisements and marketing schemes.

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Marketing Marketing Trademark Branding 105

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

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Designs Design Trademark Cease and Desist 52

LexBlog IP

NOVEMBER 17, 2021

Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

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False Advertising Social Media Trademark Branding 40

Selvam & Selvam Blog

MARCH 28, 2022

Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement.

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Kashishipr

JULY 13, 2022

The copyright-related questions arise with the extent to which the content in the AR field shall be registrable. However, at least some creative content in the AR field shall be designed to mimic, recreate, or merge with the real physical surroundings to the extent that the same won’t be distinguishable as digital.

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Intellectual Property IP Copyright Infringement Copyright 72

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

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Trademark Intellectual Property Trademark Law Registration 52

IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification). Class 43: Services for providing food and drink; temporary accommodation.

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Intepat

DECEMBER 4, 2023

These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity. The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India.

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Kashishipr

JULY 7, 2021

The secret can be technical, like manufacturing processes, pharmaceutical test data, designs, and drawings of computer programs, or it can be commercial, like distribution methods, a list of suppliers and clients, and advertising strategies. It can also be a combination of both. Advantages. Disadvantages.

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Intepat

DECEMBER 6, 2022

The Appellant had been using the mark since 1981 and had gained popularity due to resources employed in advertisements and promotional activities. Having found that the Respondent was operating hotels under the name “Sai Renaissance” in Bangalore, they alleged that this was an infringement of their trademark and sought damages.

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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 modern designers, this may be both a blessing and a curse. False advertising should be avoided when defaming a product. Reviews should be accurate and fact-based.

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43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. The Ninth Circuit allows standing for injunctive relief where there’s a plausible threat of future harm from desire to purchase the product plus inability to rely on the advertising or labeling.

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