SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. Empirically Examining Examinations Reports (Part 1). Who Watches the watchmen? The Dataset.

Reporting 126

Reporting Trademark Advertising Advertising 126

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

Trademark 105

Trademark Registration Branding Brands 105

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

Intepat

DECEMBER 4, 2023

If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. Indian trademark law has consistently protected international brands with cross-border popularity. Following the applicant’s response, the trademark may be accepted or scheduled for a hearing.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. What is the Metaverse?

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

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.

Trademark 59

Trademark Registration Branding Brands 59

IP and Legal Filings

JANUARY 22, 2023

Introduction To make it easier for consumers to identify the source of a specific commodity or service, trademarks serve this goal. This is why having a trademark is so crucial to the economy. A trademark communicates to the consumer the origin and calibre of the products or services. Defendant No.

Trademark 76

Trademark Registering Trademarks Social Media Business 76

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 ”. This topic has been discussed in a recent conference on “Intellectual Property & Sustainability” as reported by The IPKat.

Trademark 132

Trademark Advertising Advertising Marketing 132

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

Trademark 98

Trademark Government Copyright Service Mark 98

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. On several of its websites, LHB also makes representations that it is an “Authorized TASER® Distributor” and that “TASER® is a Trademark of the Mister Stungun.”

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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.

Trademark 126

Trademark Invention Patent Art 126

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. From there, they can search function to find listings and add them to the report.

IP 251

IP Intellectual Property Reporting Branding 251

Garrigues Blog

NOVEMBER 30, 2023

In the case of a trademark that has been registered for over five years, the requirement is stricter than for Caesar’s wife, since to maintain its protection it must be in use, appear to be in use and you must be able to prove it. As the proverb says: “Caesar’s wife must not only be honest but must also be seen to be honest.”

Trademark 52

Trademark Advertising Advertising Marketing 52

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

Trademark 70

Trademark Branding Brands Branding 70

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v. His NFT sales have reportedly surpassed $1.1

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Corsearch

MARCH 13, 2023

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. As part of Corsearch’s end-to-end trademark clearance and monitoring offering, we provide a watching solution for trademarks relating to expiring copyrights.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The TTABlog

JANUARY 2, 2024

Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. E-mail subscriptions to the TTABlog are available. KEEP AMERICA GREAT!

Registration 70

Registration Designs Design Reporting 70

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Copyright 45

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. People are notoriously bad at reporting on their own mental processes and that’s what we’re asking them to do. It doesn’t work so well for advertising! where they just guess.]

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

SpicyIP

OCTOBER 30, 2023

He represents/ has represented clients in trademark disputes. The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. The draft trade mark manual goes to the extent of stating that smell marks do not meet the requirement for graphical representation and hence, it is not registrable.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

The TTABlog

APRIL 1, 2024

Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. TTAB Sustains eBay's Section 2(d) Opposition to AFREBAY & Design for Advertising and Payment Processing Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? Precedential No.

Designs 57

Designs Design Registration Trademark 57

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? Calvin Klein Trademark Trust & Anr vs M/S Guru Nanak International & Ors. 5 and on the basis of the report calculated and imposed notional damages worth INR 10 Lakhs and imposed INR 1 Lakhs as costs.

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 27, 2023

The injunction was granted to prevent confusion or deception amounting to infringement or passing off of Glenmark’s trade mark registrations. Telma and Telma-AM are trademarked names for Glenmark’s medicinal preparations that contain Telmisartan and a combination of Telmisartan and Amlodipine respectively.

Marketing 111

Marketing Marketing Reporting Advertising 111

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

OCTOBER 2, 2023

Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Specimen of Use/Nonuse/Illegal Use: TTAB Affirms Rejection of Specimen (Slide Presentation) for Oil Drilling Equipment as "Mere Advertising" Precedential No. Welch 2023.

Reporting 62

Reporting Trademark Registration Designs 62

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

The IPKat

NOVEMBER 29, 2021

The TTABlog reported that USPTO issued its final regulations under the Trademark Modernization Act of 2020 and would likely be useful to trade mark practitioners who handle client’s US trade mark portfolios. The TTABlog also reported on two decisions of the USPTO, one involving an opposition between P.C.

Blogging 76

Blogging IP Contracts Reporting 76

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

43(B)log

AUGUST 11, 2021

Break out reported/unreported for all your analysis to deal w/that. Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? The indicators used by the claimants don’t measure innovation; TM registration counts aren’t innovation.

Trademark 72

Trademark Copyright Branding Brands 72

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. It currently accounts for about 15% of the entire revenue spent on global advertising. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. Thanks to Achille Forler, who contributed to this report, for directing us to it.

Invention 105

Invention Music Art Patent Application 105

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This can deceive users and harm the reputation of the original trademark owner.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. Expungement petitions may be filed between the third and tenth years of registration if a mark is alleged to have never been used in interstate commerce.

Registration 52

Registration Trademark Reporting Publishing 52