LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 3 This is the third in a series of posts about the benefits of having your trademark registered. Trademarks are the beacons that guide consumers toward trusted products and services. Building Consumer Trust A registered trademark is a symbol of trust.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 7 This is the seventh in a series of posts about the benefits of having your trademark registered. Trademark registration aids in building a cohesive brand identity. Consumer Trust and Loyalty A registered trademark inspires consumer trust.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. A registered trademark serves as a deterrent to potential infringers. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

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IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition.

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IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

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Corsearch

NOVEMBER 23, 2023

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. With increasing name saturation, finding a unique trademark is becoming a more difficult task in many industries – and this is in turn fueling likelihood of confusion.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. The application must include the details of the applicant, the class of goods or services for which the trademark will be used, and a representation of the trademark.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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IP and Legal Filings

JULY 21, 2022

For starters, social media is become an essential marketing platform for the majority of firms. Second, social media platforms are always developing online marketing tools to assist firms in reaching out to present and future clients. NEED FOR HASHTAGS TRADEMARK. ORIGIN OF HASHTAGS. HASHTAGS IN INDIA AND USA.

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Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. The product was trademark-protected.

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IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

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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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IP and Legal Filings

SEPTEMBER 8, 2023

Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with products like soaps, perfumes, creams, cosmetics, body lotions, and so on. the famous case of Ralf Seikmannv.

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43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

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SpicyIP

AUGUST 8, 2023

When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. Rahul is an attorney at Ira Law.]

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Patent Trademark Blog

JULY 28, 2023

How do you start using a trademark? It seems like more than half of the battle is creating a new trademark that hasn’t already been taken. Need to file a trademark application or statement of use? What counts as trademark use for goods? The USPTO has specific requirements for trademark use on goods.

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Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed.

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The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. Comment This decision adds to the increasingly relevant debate on greenwashing.

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IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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Erik K Pelton

JULY 31, 2020

Understanding the Notice of Allowance, and what it means, is important for trademark applicants who file an “intent to use” application. If the application is for use with goods, then the evidence of use will generally need to show the trademark used on the product itself, and that could be on a label or on the packaging.

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LexBlog IP

APRIL 19, 2023

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

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Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Judicial Viewpoint.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

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SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Taco Cabana, from 1992. Then, in Lexmark v.

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The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." In other word, "[a]n applicant’s failure to address the refusals or requirements in its appeal brief is a basis for affirming an examining attorney’s refusal of registration on those grounds."

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. As a result, slogan registration is frequently denied due to a lack of distinctiveness. In the case of Oatly AB v.

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The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed.

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43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. products and to market them at U.S. The district court enjoined further infringing uses of Hetronic trademarks “within and outside of the United States.” trademark.”

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IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

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