The TTABlog

FEBRUARY 27, 2024

The USPTO refused registration of the mark TABLEAU for wine, finding confusion likely with the identical mark registered for "restaurant and bar services; cocktail lounges." the Office's evidence of third-party overlapping use constituted only “25 ten-thousands of one percent, or fewer than one in 10,000." Text Copyright John L.

Registration 51

Registration Trademark Advertising Advertising 51

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

Trademark 59

Trademark Registering Trademarks Registration Copying 59

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 83

Trademark Branding Brands Branding 83

Intellectual Property Law Blog

MAY 2, 2023

Copyright Office and the U.S. 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. Both the U.S.

Government 237

Government Business Licensing Copyright 237

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.

Designs 52

Designs Design Advertising Advertising 52

The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. Several of the recipient companies filed actions with the DPMA to invalidate the registration. These actions were based on various claims resting on absolute grounds: lack of distinctiveness (Sec.

Registration 117

Registration Advertising Advertising Art 117

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. The preliminary objective of ‘eco-friendly’ is indeed to reverse the detrimental effects on the environment caused by the actions of humanity.

Branding 76

Branding Brands Branding Trademark 76

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Intepat

DECEMBER 4, 2023

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements.

Intellectual Property 52

Intellectual Property Registration Trademark Due Diligence 52

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 95

Cease and Desist Trademark Registering Trademarks Business 95

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

Selvam & Selvam Blog

MARCH 30, 2022

The mishap of the Indian Trade Marks Office. Until recently, the Indian Trade Marks Office had been diligently following the due procedure established. The Court, while severely reprimanding the Trade Marks Office, has also issued a directions to the effect, ensuring justice and equity to all applicants. Conclusion.

Journalism 52

Journalism Registration Intellectual Property Trademark 52

SpicyIP

OCTOBER 27, 2023

These unethical UI/UX interactions mislead users to perform actions they don’t want, benefiting the company or platform. Forced action is when a company forces consumers to take an action they wouldn’t otherwise, such as signing up for ancillary services or products. Example: ‘No thanks, I hate saving money’ 5.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

SpicyIP

MARCH 13, 2023

The Delhi High Court is presently hearing an appeal against an order of the Patent Office rejecting Microsoft’s application titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Patent office refuses review petition of Sun Pharma for its anti-dengue botanical drug.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. Well, they’re right, I can apply, but registration surely won’t be granted. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. It has registrations for the word marks “Litter-Robot,” “Litter-Robot 3,” “Litter-Robot 3 Connect,” and “Litter-Robot Pinch Detect.” Purlife Brands, Inc., 2023 WL 3046592, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

DECEMBER 20, 2021

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently.

Trademark 40

Trademark Registration Advertising Advertising 40

SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

Trademark 59

Trademark Registration Invention Social Media 59

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.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. Doing this has several advantages.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Moving a Trademark From the Supplemental to the Principal Register.

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

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.

Trademark 59

Trademark Registration Copyright Patent 59

IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

The TTABlog

DECEMBER 29, 2022

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." Trademark Rule 2.71(a), And so, the Board affirmed these two refusals. a), 37 C.F.R.

Marketing 70

Marketing Marketing Social Media Advertising 70

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. Corruption in IP Offices, Anything New? Also, check Joff Wild on the Allegations Against Indian Patent Office.

Trademark 59

Trademark Publishing Journalism Copyright 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. Trademark Law. Parody in Trademarks is No Joke.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. History Of Fashion Copyright During the 1800s the root idea for the intellectual property rights was entertained in the Paris Convention to muster up joint action among international jurisdiction. Furthermore, protect it from any kind of misuse.

Designs 87

Designs Design Copyright Copyright Infringement 87

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. By Dr. (Prof.)

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. Table of Contents.

Trademark 52

Trademark Business Music Advertising 52

LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

Trademark 52

Trademark Business Cinema Music 52

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same. Image from here. The Shape of Shape Marks in India. Call for Papers/ Submissions . 13 [Submissions by December 30, 2022]. Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

LexBlog IP

MAY 2, 2023

Copyright Office and the U.S. 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. Both the U.S.

Government 52

Government Business Copyright Licensing 52

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

Designs 52

Designs Design Trademark Cease and Desist 52