IP Watchdog

MAY 6, 2023

Brands — legally protected as trademarks — have value. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. We all understand that intuitively.

Trademark 123

Trademark Registration Branding Brands 123

Corsearch

NOVEMBER 15, 2022

Invest in brand strength. Put simply, brand strength (sometimes known also as brand equity) is the value that is carried by a brand. It denotes a consumer’s perception of a brand, or the value invested in it by a business over time. What Makes a Brand Strong? Protectability A trademark must be protectable.

Branding 52

Branding Brands Branding Trademark 52

Erik K Pelton

OCTOBER 28, 2022

I’ve been blessed over the years to be able to work with a lot of clients that are in the music industry – whether they’re performers, producers, music labels, music websites—all different aspects of the industry – to help protect their brands. That is the definition of what a brand is.

Trademark 147

Trademark Music Social Media Branding 147

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Also, because Latinfood registered the Zenú mark in the U.S.,

False Advertising 59

False Advertising Advertising Advertising Registration 59

Biswajit Sarkar Copyright Blog

MAY 29, 2023

In the fast-paced world of business, where new brands emerge every day, protecting one’s intellectual property has become paramount. Trademarks play a crucial role in establishing brand identity and distinguishing products or services from competitors. This article explores the criticality of trademark searches for new brands.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 79

LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Making a brand out of a social media business.

Social Media 52

Social Media Branding Brands Branding 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. Cancelled registrations "are equally unenlightening on consumer perception." Casagrande).

Registration 62

Registration Branding Brands Branding 62

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

The IPKat

SEPTEMBER 12, 2022

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. This is usually the main reason why many applications for slogan marks are rejected, pursuant to Article 7(1)(b) of the EU Trade Marks Regulation ( EUTMR ).

Registration 113

Registration Advertising Advertising Reporting 113

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

It can also help make the product more saleable, helping consumers identify the product with the brand. This means that it should not have been used or published in any nation prior to the date of the registration application. · Designs that stand similar or resemble already existing designs do not qualify for registration.

Registration 52

Registration Designs Design Copying 52

The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

Copying 104

Copying Branding Brands Branding 104

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

It can also help make the product more saleable, helping consumers identify the product with the brand. This means that it should not have been used or published in any nation prior to the date of the registration application. · Designs that stand similar or resemble already existing designs do not qualify for registration.

Registration 52

Registration Designs Design Copying 52

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta partially based their argument on Article 43.2 Article 14.3 The window to request the cancellation of the PDO expired on 31 December 2014, but Duca di Salaparuta had not sought cancellation before that deadline.

Registration 67

Registration Branding Brands Branding 67

Selvam & Selvam Blog

MAY 7, 2021

Branding is important because not only does it create a memorable impression among the public, but it allows consumers to know what to expect from your company. It is a way of distinguishing your brand from the competitors. Get that wrong, and it is no exaggeration to say that your brand will sink even before it has a chance.

Due Diligence 52

Due Diligence Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

It can also help make the product more saleable, helping consumers identify the product with the brand. This means that it should not have been used or published in any nation prior to the date of the registration application. · Designs that stand similar or resemble already existing designs do not qualify for registration.

Registration 52

Registration Designs Design Copying 52

The IPKat

JULY 13, 2022

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.

Branding 62

Branding Brands Branding Registration 62

IP and Legal Filings

JANUARY 11, 2024

Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc. Iconic scents like Chanel No. Iconic scents like Chanel No. are excluded.

Trademark 90

Trademark Intellectual Property Branding Brands 90

Selvam & Selvam Blog

SEPTEMBER 16, 2021

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. However, the use of a trademark is rarely monitored subsequent to its registration.

Registration 52

Registration Trademark Branding Brands 52

LexBlog IP

APRIL 27, 2023

Consistent with the most recent amendments in 2019, the current proposed changes aim to continue the Government’s efforts to combat bad faith filings, protect genuine brand owners as well as the general public from problems caused by trade mark pirates, and deal with the overcrowded trade mark register.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

The IPKat

DECEMBER 23, 2022

We now know the outcome of the decision(s): the invalidity of the word mark "ICELAND" and the related figurative mark (below) was confirmed – concluding that both marks had been registered contrary to provisions of Article 7(1)(c) EUTMR. Both EUTM registrations were granted. In 2014, it sought to register the EUTM No.

Designs 52

Designs Design Registration Government 52

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

The TTABlog

DECEMBER 14, 2023

It spent $500,000 advertising the GIGANTOSAURUS brand and enjoyed unsolicited press coverage for the GIGANTOSAURUS television show prior to its premiere date. Bloggers published party ideas based on the GIGANTOSAURUS brand through sponsored promotions from Applicant.

Television 62

Television Registration Branding Brands 62

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. This preliminary analysis has to go further and check, for example, if the brand we have chosen is also available as a domain name. These issues can have a major impact on brand strategy and affect credibility in the market.

Branding 52

Branding Brands Branding Registration 52

Erik K Pelton

DECEMBER 31, 2021

An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. The biggest individual brand story of the year was Facebook’s announcement of its new META brand.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Patently-O

MAY 28, 2024

The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration. Finally, the court noted the trust’s injury would be redressable by a favorable ruling ordering cancellation of the registrations.

Trademark 85

Trademark Ownership Registration Branding 85

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

The TTABlog

JULY 6, 2023

This comprehensive article reviews the special remedies for counterfeiting under the Lanham Act and the current state of the case law relating to the availability of these remedies. Book Review: Brand Protection and the Global Risk of Product Counterfeits: A Total Business Solution Approach , Jeremy W. Wilson, ed.

Reporting 54

Reporting Trademark Branding Brands 54

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. The Board said no. Empresa Cubana Del Tabaco d.b.a.

Registration 52

Registration Law Litigation Contracts 52

Patent Trademark Blog

JULY 13, 2023

In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both. Varsity Brands. Need to copyright your product?

Designs 52

Designs Design Copyright Artwork 52

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

Branding 52

Branding Brands Branding Intellectual Property 52

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. The ultimate question is, “Why did Oreo become more successful than Hydrox?”

Branding 52

Branding Brands Branding Marketing 52

The IPKat

MAY 11, 2024

A Kat reflecting on emerging branding strategies for plants. And what can this tell us about branding strategy for plants? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Merpel: now that’s a recipe for an expensive piña colada!] Seeing red? Images from Pixabay. 33,544 ) in 2021.

Trademark 109

Trademark Registering Trademarks Marketing Marketing 109

Traverse Legal Blog

JANUARY 26, 2021

With the legalization of various forms of marijuana in some states, products involving Cannabidiol (CBD) and hemp have been rapidly entering the market, and businesses are seeking to protect their brands in this growing market. Do I Still Have Rights if Someone is Using a Name, Mark, or Brand Similar to Mine?

Trademark 97

Trademark Registration Branding Brands 97

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. Rather, it must be inseparable from the particular product to which it has been applied.

Designs 59

Designs Design Registration Trademark 59