IP Tech Blog

FEBRUARY 27, 2023

The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. If adopted in its current version and without further modifications, this amendment would have a considerable impact on many aspects of trademark law and practice in China.

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Trademark Trademark Law Registration Intellectual Property 113

Canadian Intellectual Property Blog

JUNE 22, 2022

For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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Trademark Law Trademark Law Registering Trademarks 52

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. Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . Copyright and Halloween Costumes.

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The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

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Registration Trademark Law Trademark Branding 78

43(B)log

FEBRUARY 24, 2022

Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services.

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Law Trademark Law Registration Trademark 94

The IPKat

NOVEMBER 30, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Javohir Kurbonov and Khalil Jurayev (both Prolegals Law Firm) on some recent developments in the trademark law of Uzbekistan. What does it offer for holders of well-known (famous) trademarks?

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The TTABlog

DECEMBER 14, 2021

This note posits that trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to trademark owners. Meanwhile, the law of standing has contracted to reject claims by plaintiffs whose injuries are not concrete.

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The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. Indeed, the Supreme Court has long recognized that 'traditional tangible harms,' such as monetary harms, 'readily qualify as concrete injuries under Article III.'"

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Registering Trademarks Registration Trademark Ownership 57

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.

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Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, we can say that failing to safeguard your registered trademark adequately would lead you at risk of forfeiting your exclusive rights. Bottom Line.

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Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

JANUARY 11, 2024

Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act. Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration.

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Trademark Intellectual Property Branding Brands 90

LexBlog IP

FEBRUARY 27, 2023

The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. If adopted in its current version and without further modifications, this amendment would have a considerable impact on many aspects of trademark law and practice in China.

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Trademark Trademark Law Registration Intellectual Property 52

IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Provisions of intellectual property law will be applicable to NFTs. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions. In Pyrrha Design Inc.

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The IPKat

MAY 11, 2024

These denominations cannot be registered as trademarks - for example, under Article 7.1(m) m) of the EU Trade Mark Regulation , it is grounds for rejection or invalidity if a trademark consists of, or reproduces in its essential elements, an earlier plant variety denomination.

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Trademark Registering Trademarks Marketing Marketing 109

IP Watchdog

APRIL 4, 2022

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). In fact, clout-chasing, a specific type of bad-faith trademark application, has become much more prevalent in recent years.

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Trademark Intellectual Property Trademark Law Registration 109

The IPKat

JUNE 12, 2022

Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. The EUIPO examiner refused the application pursuant to Articles 7(1)(f) and 7(2) EUTMR in respect of all the goods applied for.

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Registration Intellectual Property Law Trademark Law 94

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration.

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Trademark Registration Intellectual Property Television 97

The TTABlog

JANUARY 26, 2023

A recent article by my friend, Bob Cumbow of Miller Nash in Seattle, Washington, caught my eye, and I'm delighted that he allowed me to re-publish it here. I often cringe at use of the word "trademark" as a verb, and Bob's article explains what the problem is. It certainly is not the way you “get” a trademark. In the U.S.

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Trademark Registration Trademark Law Business 62

Garrigues Blog

FEBRUARY 21, 2023

Pursuant to article 58 et seq. of the implementing regulations of the Trademark Law , applications for invalidity must include the following: The particulars of the applicant and of its representative if the application is filed through the representative.

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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. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

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IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

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IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law. The Traditional Approach .

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Trademark Law Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 6, 2023

Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that territory.

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Trademark Registration Ownership Business 52

Traverse Legal Blog

MAY 1, 2022

A trademark security agreement filed with the USPTO must specifically identify the mark, the jurisdiction, registration number, registration date, and record owner of the trademark. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.

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Trademark Due Diligence Intellectual Property Social Media 59

Corsearch

NOVEMBER 15, 2022

In this article, I examine the benefits of brand strength for businesses, look at some of the challenges that brand equity can present to brand owners and stakeholders, and give a short overview of three solutions that help trademark professionals to create, build, and maintain a strong brand.

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LexBlog IP

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark. In re GO & Assocs., 2022-1961, 2023 U.S.

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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.

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Branding Brands Branding Intellectual Property 52

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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Trademark Branding Brands Branding 52

IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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Registering Trademarks Trademark Trademark Law Law 52

IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 4] Second, the qualification for registering a trademark, both traditional and non-traditional, essentially remains the same.

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Trademark Registration Intellectual Property Intellectual Property Law 80

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

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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.

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Intellectual Property Registration Trademark Due Diligence 52

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.

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Trademark Registering Trademarks Registration False Advertising 59

Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

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Trademark Registration Branding Brands 97

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

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The IPKat

NOVEMBER 28, 2023

Prior to the appeal being heard, the Rapporteur also intervened raising issues of distinctiveness for the purposes of Article 7(1)(b) of the European Union Trademark Regulations (EUTMR), arguing that a collective mark which featured the same sign as one required by a PDO did perform the essential function of a trade mark.

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