SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. Online Course for Patent Agent Exam Preparation [February 5]. It is that time of the year when preparation is going on for the Patent Agent Examination.

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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. Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark.

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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. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

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The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. CeramTec GmbH , Cancellations Nos. Read comments and post your comment here.

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LexBlog IP

AUGUST 31, 2021

Herman Miller sought registration of most of the chair’s configuration as a mark, depicted in more than one view, for “furniture, namely, chairs.” Key Take Aways: Beware of patent evidence in trade dress protection due to risk that distinctive design elements be treated as de jure functional. In re Ennco Display Sys.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This strategy has roots in ancient times when Queens and Popes were sought after to endorse patent medicines, a tactic that has consistently proven effective. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

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Intellectual Property Registration Trademark Personality Rights 76

BYU Copyright Blog

JUNE 3, 2024

Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. Patent and Trademark Office even though it knew that the art design did not belong to it. Boyages applied for copyright registration and had her work registered as SophCat.

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The IPKat

NOVEMBER 12, 2023

This Kat is still digesting the latest Halloumi decision Trademarks Alessandro Cerri analysed the Republic of Cyprus' unsuccessful appeal against the registration of GRILLOUMI as a trade mark. The case seemed to indicate that the UK courts may be just as willing as the EPO to enforce a hard-line against added matter in patents.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

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Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment. Registration No. Registration Date. First in Finishing, Inc.’s

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Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. However, BTL Industries claims that the Muscle Stimulator infringes on its patents and trademarks related to the EMSCULPT device.

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Erik K Pelton

MAY 23, 2022

Did you realize that some of these professional gamers who stream their performances and work on Twitch or YouTube or other platforms have millions of followers, make money in endorsements, make money in advertising, make money selling merchandise, and more. Some of them are, and kudos to them. I could go on, but you get the point.

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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. What are your options with a canceled or expired trademark registration?

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Intepat

DECEMBER 19, 2023

The principle mainly looks into mandating the rules of the statute that are applied thereby mandating the application process , the review process, advertising process of the Trademark/patent/copyright in accordance with the statutory rules provided and nothing beyond the scope of it. Later the Application is required to be advertised.

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LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. See Figure 1.

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Kashishipr

JULY 7, 2021

The first is trade secrets, and the second is patents. 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.

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Intepat

MAY 28, 2024

Patent and Trademark Office recognized that this distinctive glass store design sets Apple stores apart from other retail establishments. To comprehensively protect its store designs, Apple has also secured design patents for the glass panels of the building and the staircase design. Prior Registration and Use: Apple Inc.

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The IPKat

NOVEMBER 24, 2022

Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. The right holder appealed to the German Federal Patent Court. The right holder appealed to the German Federal Patent Court.

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Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Another preferable step could be the filing of a provisional patent application.

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Intellectual Property Law Blog

MAY 2, 2023

Patent and Trademark Office have developed initiatives to focus on IP issues with AI. Copyrights On March 16, 2023 the Copyright Office issued Guidance on the examination and registration of works that contain material generated by AI technology. Patents On February 14, 2023, the U.S. Both the U.S.

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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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Patently-O

NOVEMBER 21, 2022

The company had waited too long to file for patent protection and so it turned to trademark. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. Accordingly, Three Frog sought registration under Section 2(f).

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The IPKat

SEPTEMBER 16, 2022

The second decision Nedim reported on is the decision (Case R-197/2021-5) of the EU Board of Appeal on the registrability of a position mark, comprising of a tread and outer portion of a tyre in light grey (see here ). based on its earlier figurative EU trade mark for “Cat” and device (see here ). ·

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IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Also, it is really important to renew the registration because there is a limit to registration.

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The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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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. Recently the DHC held that conducting the DUS testing is essential before a plant variety application can be advertised.

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Patently-O

JULY 19, 2023

Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states. by Dennis Crouch Intellectual property rights in the U.S.

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Privacy Trademark Law Fair Use Trademark 98

Above the Fold

JULY 28, 2023

After years of owning the trademark registration “Taco Tuesday,” Taco Johns has agreed to drop it after Taco Bell petitioned the U.S. Patent and Trademark Office to have the registration killed due to it being a common phrase.

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Registration Trademark Branding Brands 52

LexBlog IP

MAY 12, 2023

Understanding the Difference Between Actual Use (1(a)) and Intent to Use (1(b)) Trademark Applications by Kennington Groff What is the difference between a Section 1(a) actual use application and a Section 1(b) intent to use trademark registration application? Is one application better than the other?

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The IPKat

NOVEMBER 29, 2021

Richard & Son’s registered marks “THE WIZ” and “NOBODY BEATS THE WIZ” and Samsung’s application for “SAMSUNG WIZ”, and another whereby the USPTO refused the registration of an application for “MANSBRAND” as it found it to be confusingly similar to “MANBRAND SKINCARE”.

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Blogging IP Contracts Reporting 76

SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

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Registration Trademark Intellectual Property Law Intellectual Property 52

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Course on Access to Medicines, TRIPS and Patents [Kochi, December 10-14].

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Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. TBL Complaint.

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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. Well, they’re right, I can apply, but registration surely won’t be granted. In such cases, the output is ineligible for copyright ownership or registration.

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