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.

Registration 40

Registration Branding Brands Branding 40

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.

Branding 40

Branding Brands Branding Registration 40

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

Registration 52

Registration Trademark Advertising Advertising 52

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Erik K Pelton

MAY 23, 2022

The following is an edited transcript of my video Trademark Protection for eSports and Gamers. That’s why it is shocking that many of them are not registered with the USPTO and protecting their trademarks. Zero trademarks. Zero trademark protection in terms of registering and enhancing that protection.

Trademark 162

Trademark Social Media Branding Brands 162

The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

Advertising 87

Advertising Advertising Contracts Registration 87

Erik K Pelton

NOVEMBER 15, 2021

The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? There are many different places and ways to use your trademarks. I’ve got 50 Ways to Use Your Trademark. Where do I use it?”

Trademark 147

Trademark Branding Brands Branding 147

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.

Branding 40

Branding Brands Branding Registration 40

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999). Description of the Trademark-. Date of Adoption of the Trademark. Date of Adoption of the Trademark. Examination of Trademark Application. In this stage, the Examiner in the Trademark Registry will examine the application.

Registration 52

Registration Trademark Journalism Advertising 52

TorrentFreak

FEBRUARY 16, 2024

Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. filed its complaint.

Copyright 111

Copyright Trademark Copyright Infringement Registration 111

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.

Trademark 88

Trademark Intellectual Property Registration Registering Trademarks 88

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks.

Registration 80

Registration Trademark Trademark Law Law 80

IPilogue

NOVEMBER 17, 2022

Can you file a trademark application for a restaurant and proceed to demand 1.5 Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada. Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith.

Trademark 111

Trademark Registration Advertising Advertising 111

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.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

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.

Trademark 59

Trademark Registration Branding Brands 59

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.

Copyright 233

Copyright Trademark Cease and Desist Copying 233

IP and Legal Filings

JUNE 26, 2022

The word trademark is a culmination of two words, i.e., ‘trade’ and ‘mark’. Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. As per the statute trademark means-. “ Protects investment in advertising & branding.

Trademark 80

Trademark Registration Journalism Registering Trademarks 80

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

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

Trademark 87

Trademark Branding Brands Branding 87

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

APRIL 18, 2023

10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No. 31 of 8 May 2020 ('Law No.

Advertising 98

Advertising Advertising Marketing Marketing 98

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 99

Cease and Desist Trademark Registering Trademarks Business 99

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. In re Morton-Norwich Prods.,

Registration 68

Registration Advertising Advertising Designs 68

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.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

False Advertising 83

False Advertising Advertising Advertising Copying 83

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.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

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.]

Trademark 98

Trademark Registration Advertising Advertising 98

Indiana Intellectual Property Law

OCTOBER 27, 2023

also known as TerreMax ) for Trademark infringement under 15 U.S.C. 1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. Court documents show that Banjo has received a Trademark registration ( No. Continue reading

False Advertising 52

False Advertising Trademark Advertising Advertising 52

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.

Trademark 105

Trademark Branding Brands Branding 105

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.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

The TTABlog

SEPTEMBER 25, 2023

The Board upheld a refusal to register the proposed mark A NEW KIND OF SODA on the Supplemental Register, for "Non-alcoholic sparkling fruit juice beverages; non-alcoholic water-based beverages," finding that the phrase fails to function as a trademark under Sections 1, 2 and 45 of the Trademark Act.

Trademark 72

Trademark Registration Advertising Advertising 72

IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.

Trademark 90

Trademark Branding Brands Branding 90

IP and Legal Filings

JULY 8, 2022

The protection of a registered drawing or pattern lasts for ten years from the date of submission of an application for its registration. For the industrial design registration, the following documents are required for the same: Summarized description of the design. The registration and renewal fees shall be fixed in the Regulations.

Registration 70

Registration Designs Design Copying 70

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.

Trademark 52

Trademark Registration Marketing Marketing 52

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.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. You can subtract items from the old registration.

Trademark 52

Trademark Cease and Desist Registration Patent Application 52