The IPKat

MARCH 16, 2023

In early March, this Kat had the pleasure of attending a round table on EU geographical indications (GIs) law under the auspices of European Communities Trademark Association (ECTA). Unitary character of EUTMs and designs The notion of unitary right (or “unitary character”) comes from EU trade mark (EUTM) and design law.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

Trademark 52

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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. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs 52

Designs Design Trademark Copyright 52

Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The legal action c laimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional.

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Patent Prosecution Patent Designs Design 52

Patent Trademark Blog

MARCH 6, 2024

Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications. Should you search prior art patents on medical devices? The medical device prior art tends to be quite crowded, meaning that broad patent claims will be challenging to obtain. Design or utility patent?

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The IPKat

SEPTEMBER 23, 2022

The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21 ). In 2011, Monz Handelsgesellschaft International (design owner) registered a national design for “saddles for bicycles or motorbikes” at the German Patent and Trademark Office (DPMA).

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Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. A design patent application has an approximately 86% chance of approval. In contrast, a typical design application may sail through an allowance without any Office Actions. So how should you deal with prior art rejections? Will your patent be rejected?

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Patent Application Patent Design Patent Art 52

The IPKat

SEPTEMBER 11, 2023

Among the main changes, there is the strengthening of protection of PDOs and PGIs with the introduction (in Art. The new wording of Art. Back in 2009, Art. 14 of the IPC The new wording of Article 14(1)(b) IPC is as follows (informal translation by the author): “ 14.

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The IPKat

APRIL 30, 2024

If the discussion around unification leaves a somewhat bitter taste in some then the blame should be put on these two main factors: the chosen harmonization instrument, namely directives, and the actions taken (or not taken) by member states. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?"

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Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

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Patent Patent Application Design Patent Designs 98

Patent Trademark Blog

MARCH 30, 2022

How to Review a Draft Office Action Response. Expect at least one Office Action in your nonprovisional patent application. Since rejections are inevitable, it pays to know how to review an Office Action response. How to Review Claim Amendments in an Office Action response.

Patent Application 52

Patent Application Art Patent Invention 52

Patently-O

APRIL 25, 2024

The Act allows private citizens, known as “ relators ,” to bring qui tam actions on the government’s behalf against those who have defrauded the government. Knew that its earlier Otterbeck patents on Apriso’s delayed-release formula were invalidly obtained over prior art. 102’s definition of prior art.

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Patent Government Art Reporting 58

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). Overall, the amount of time it takes to acquire a patent varies based on the field of technology and on the type of application, which may be a provisional, design, utility, or plant application.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Hermès’ Action.

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

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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Trademark Branding Brands Branding 85

Patent Trademark Blog

AUGUST 11, 2021

A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. It is highly likely that your Office Action response will contain a combination of claim amendments and arguments in order to overcome the rejection. appeared first on Patent Trademark Blog | IP Q&A.

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Patent Application Art Patent Prosecution Patent 66

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v.

IP 124

IP Copyright Trademark Intellectual Property 124

Patent Trademark Blog

JUNE 2, 2023

After overcoming Office Actions and multiple rejections, you have reached the desired goal of getting your patent granted. Is it possible that competitors are now introducing products designed around your claims , thereby avoiding infringement ? The examiner will search prior art and issue Office Actions.

Patent 52

Patent Art Blogging Designs 52

LexBlog IP

APRIL 4, 2023

Interesting Patents | Electronic arts | Tuesday, april 4, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{display: important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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LexBlog IP

MARCH 31, 2022

Effective March 29, 2022, the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) will accept a new combined petition option to participate in the Expanded Collaborative Search Pilot (CSP) program. Details of the Expanded CSP Program.

Intellectual Property 52

Intellectual Property Patent Application Patent IP 52

IP Intelligence

MARCH 31, 2022

Effective March 29, 2022, the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) will accept a new combined petition option to participate in the Expanded Collaborative Search Pilot (CSP) program. Details of the Expanded CSP Program.

Intellectual Property 52

Intellectual Property Patent Application Patent IP 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.

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Registration Advertising Advertising Art 117

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

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Design Patent Designs Design Technology 52

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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Non-Fungible Tokens Trademark Artwork Art 122

Patent Trademark Blog

JUNE 8, 2023

Before firing your patent lawyer, recognize that Office Actions are normal in utility patent applications. It can often take three Office Actions or more to get a patent approved. You need your patent or trademark registered, and you need it now. Does the new patent attorney have trademark experience?

Patent 52

Patent Patent Application Cease and Desist Trademark 52

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! Delhi High Court sets aside the Registry’s order rejecting the trademark application for ‘Advanced Recovery Technology’, directs it to publish the mark. Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

Patent Trademark Blog

JUNE 20, 2023

Unlike design patents, a great deal of writing and strategy is involved in preparing a solid utility patent application. On the one hand, the claims should not be so narrow as to allow competitors to design around them with ease. Patent claims must walk the fine line between broader coverage and allowability over the prior art.

Patent Application 52

Patent Application Patent Art Designs 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. by Dennis Crouch The U.S. Inventorship Guidance for AI-Assisted Inventions. Iolab Corp. , 3d 1344, 1351 (Fed.

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IP Tech Blog

MARCH 29, 2023

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. were designated as precedential in 2019 and 2020, respectively. Fintiv, Inc.

Patent 57

Patent Litigation Designs Design 57

SpicyIP

JULY 23, 2023

Case Summaries Delhi High Court grants a permanent injunction to Allied Blenders in a trademark infringement case concerning ‘Officers Choice’ Image from here Allied Blenders and Distillers Pvt. They also cited several prior art documents to allege that the plaintiff’s patent was invalid. Wine/Spirits.’

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Trademark IP Higher Education Moral Rights 98

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

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SpicyIP

NOVEMBER 26, 2023

Glaxo Group Limited vs Naresh Kumar Goyal, Trading on 22 November, 2023 (Delhi High Court) In this case a rectification petition was filed simultaneously with the suit alleging trademark infringement and the defendant took a defence of registration of the impugned mark in the written submission. Filo Edtech Inc vs Union Of India & Anr.

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Trademark Registration Invention Social Media 59

U.S. Department of Commerce

JUNE 9, 2022

patent, as well as contribute significantly to the nation's welfare and the advancement of science and the useful arts. You can see and feel the evolution of automotive design and technology from behind the wheel of a car that merges Ford Mustang models from 1965 and 2015. Bureaus and Offices. Patent and Trademark Office.

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Inventor Invention Intellectual Property Branding 65

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.

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The IPKat

JULY 20, 2021

And the cover art somehow succeeds at being both bewildering and generic. We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. here or here ].

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Trademark Law Law Trademark Registration 96

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.

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Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Factual and Procedural Background.

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