Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Some Other Crucial Aspects to Keep in Mind.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

IP and Legal Filings

FEBRUARY 26, 2022

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability.

Registration 52

Registration Trademark Trademark Law Business 52

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). Registration took two years. Key Takeaways.

Trademark 105

Trademark Intellectual Property Registration Designs 105

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.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 62

Law Designs Design Trademark 62

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ Common or generic terms are usually not protected under trademark law.

Trademark 105

Trademark Registration Branding Brands 105

azrights

OCTOBER 27, 2023

Lacoste vs Crocodile International Once an identifier is created and registered as a trademark you risk losing the registration if you don’t use it in the form in which it was registered. Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use.

Trademark 52

Trademark Branding Brands Branding 52

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada.

Trademark 111

Trademark Registration Advertising Advertising 111

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not? In Jack Daniel’s Properties, Inc.

Trademark 70

Trademark Blogging Litigation Law 70

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design.

Trademark 93

Trademark Contracts Blogging Fair Use 93

SpicyIP

JANUARY 23, 2023

here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. After a week full of interesting IP developments and some very interesting orders (!),

Designs 105

Designs Design Invention Registration 105

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

Trademark 57

Trademark Branding Brands Branding 57

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants. Background. The Decision. 18(1)(e) of the TMA. Other issues.

Trademark 115

Trademark Registration Designs Design 115

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

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.

Trademark Law 52

Trademark Law Registration Marketing Marketing 52

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

azrights

MAY 3, 2022

Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. Focus on Trade Mark Registration. This has many undesirable consequences.

Branding 119

Branding Brands Branding Registration 119

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. 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. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

JIPEL Copyright Blog

APRIL 4, 2022

In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. the court reasoned that product design is not inherently distinctive because its inclusion makes the “product itself more useful or more appealing.”.

Registration 52

Registration Designs Design Trademark 52

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.

Trademark 97

Trademark Registration Intellectual Property Television 97

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

Statutory protection of trademark rights in India is administered by the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Conclusion.

Trademark 52

Trademark Registration Reporting Branding 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

Biswajit Sarkar Copyright Blog

MAY 29, 2023

This article explores the criticality of trademark searches for new brands. What is a Trademark? A trademark is a recognizable sign, symbol, or expression that represents a brand’s products or services. It can be a word, logo, slogan, design, or even a combination of these elements.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Applications designated via Madrid Protocol. ~17. Any other questions or concerns about Canadian trademark law?

Trademark 52

Trademark Intellectual Property Intellectual Property Law Registration 52

SpicyIP

FEBRUARY 21, 2024

Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction. the High Court would have jurisdiction if the effect of the registration is felt within the territorial jurisdiction).This This blog argues that it should be the same as the 1958 act.

Trademark 105

Trademark Intellectual Property Designs Design 105

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

Trademark 85

Trademark Branding Brands Branding 85

Kashishipr

SEPTEMBER 14, 2022

The courts in India protect barcodes and QR codes under the Trademark Law. The plaintiff also had a Trademark Registration certificate for the barcode with a pictorial design and ‘890’ therein in class 35 concerning certification services. Needle Industries (India) Pvt. For more visit: [link].

Intellectual Property 52

Intellectual Property Registration Trademark Trademark Law 52

IP Tech Blog

AUGUST 3, 2022

However, according to the Chinese law, parallel import into China of genuine products purchased abroad does not violate the Chinese trademark law. The first legitimate sale of the genuine product abroad exhausts the rights of the trademark holder in China. Alternative Legal Avenues against Imported Foreign Cosmetics.

Trademark 57

Trademark Branding Brands Branding 57

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

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Trademark Government Copyright Service Mark 98