Greenspoon Marder LLP

MAY 21, 2021

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Our You, Me & IP series joins Innovation Week to discuss the considerations and issues businesses can encounter while registering trademarks to stop infringing imports. The post GM Innovation Week: Catch You at the Border: Registering Trademarks With U.S.

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The IP Law Blog

JUNE 23, 2023

Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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LexBlog IP

JUNE 23, 2023

Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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JD Supra Law

JUNE 23, 2023

Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. By: Weintraub Tobin

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Kashishipr

MARCH 2, 2022

No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Furthermore, it will also never enforce your trademark rights on your behalf. It implies that the onus lies with the trademark holder to prevent others from infringing upon his trademark rights.

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Patent Trademark Blog

MAY 9, 2023

While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. The post Why register a foreign trademark? IP rights are territorial.

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JD Supra Law

JUNE 23, 2023

Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. By: Weintraub Tobin

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Patent Trademark Blog

JANUARY 31, 2024

Call US patent and trademark attorney Vic Lin 949-223-9623 or email vlin@icaplaw.com to explore working with us. Is Project 0 About Trademarks or Patents? Project 0 involves only registered trademarks. When it comes to counterfeits or goods that bear substantially similar brands, we are talking about trademark protection.

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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. Exclusive Trademark Rights for Trademark Owners in India.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

” (2016) written after the Federal Circuit’s decision in In re Tam , “Free Speech Challenges to Trademark Law After Matal v. Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.)

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Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Use needs to be a genuine ‘commercial use’ and not just a token use and also needs to be in the country in which the mark is registered. What Constitutes Use?

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Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress.

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Patent Trademark Blog

JULY 11, 2023

Is your mark too similar to a registered trademark? Most folks are aware of the risk of a trademark application being rejected for being too similar to a registered trademark. So they go on the USPTO trademark site or some other site to search their desired trademark. There’s a problem.

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Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. It informs the customers that you consider yourself the mark’s rightful owner.

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Erik K Pelton

JANUARY 26, 2021

” There are four things that a trademark owner should do to ensure that they don’t lose the strength or protection in their trademark, even after it’s registered. The first one, perhaps the easiest one, is use the ® R with a circle symbol frequently in connection with the registered trademark.

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LexBlog IP

DECEMBER 20, 2022

For those who have been reading our blog for a while, you know that this is not the case (shameless plug for my post from last year on a similar topic). However, you might not be aware that there are many registered trademarks related to Christmas. The Polar Express. Home Alone.

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IP Tech Blog

FEBRUARY 1, 2024

Those brand owners who invest in building up and maintaining a portfolio of registered trademarks and designs will then find it far easier to fighting any counterfeiters than would be the case than if just relying on copyright and/or trade dress and, in so doing, such remedies will be less costly and more effective.

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Branding Brands Branding Social Media 101

Kashishipr

MAY 18, 2022

A trademark reflects the source or origin and the quality of the products or services. Based on all the previously mentioned points, it is imperative to ensure that no third party or entity infringes upon your Registered Trademark. B) Indirect Infringement .

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Kashishipr

MARCH 23, 2022

At a later stage, these fraudulent entities attempt to sell the internet domains in question with the Registered Trademarks to the brands or companies to which the names belong, with the intent of making colossal profits. The post Trademark Issues: How is Social Media Becoming the New Target for Cybersquatting?

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IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark and Copyright Law Blog

OCTOBER 26, 2023

Those activities are all well and good – and I fully appreciate that “ bobbing for apples ” wasn’t listed because, let’s be honest, that’s really gross – but as we’re the Trademark & Copyright Law blog, allow me to focus on something a bit closer to home: apple trademarks.

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Patent Trademark Blog

MAY 15, 2023

Amazon sellers need to understand the importance of choosing a brand name for Amazon seller account that, when filed as a trademark application, will present the lowest risk of rejection by the Trademark Office. Need a registered trademark to maximize full benefits of Amazon Brand Registry?

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Kashishipr

SEPTEMBER 20, 2021

According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both. It also mentioned that their copyright assignment wasn’t valid.

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Patent Trademark Blog

NOVEMBER 30, 2023

What are the different rejections to overcome in registering trademarks vs. patenting designs? A typical trademark application may encounter rejections for being too similar to a registered trademark or prior trademark filing. The post How to Handle a Trademark Rejection: File a Design Patent Instead?

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Above the Fold

DECEMBER 29, 2021

According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”.

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Patent Trademark Blog

JULY 7, 2022

For example, if the plaintiff has alleged likelihood of confusion and priority, they might plead at least one owned registration for a trademark that is arguably similar to your mark. If registered trademarks are pleaded by the plaintiff, take a close look at each registration to see if a counterclaim makes sense.

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Patent Trademark Blog

JANUARY 26, 2023

As long as you own a registration on the Principal Register that covers goods, you can record your trademark registration with US Customs. For a flat rate estimate to record your registered trademark with Customs, email me your USPTO trademark registration number.

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Patent Trademark Blog

MAY 12, 2022

How to Cancel a Registered Trademark. A trademark cancellation filed with the TTAB would have been the only procedure to discuss. We’ll certainly delve into a TTAB cancellation in this post, but we now have a couple more ways to cancel a trademark registration. They both involve nonuse of the registered mark.

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Patent Trademark Blog

JANUARY 9, 2023

As of the date of this post, I have secured nearly 500 trademark registrations for our clients. If experience matters to you, contact patent and trademark attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we help you execute a more effective strategy for registering your trademarks.

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IP and Legal Filings

OCTOBER 28, 2023

Section 29(4) of the Trade Mark Act of 1999 states that: The trademark needs to be registered and well-known in India. ii] Conclusion Hence, an appropriate rule or determining factor for well-known trademarks is required with a specific end goal to evade irregularity and vagueness. 2015) What is trademark dilution?

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LexBlog IP

DECEMBER 29, 2021

According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”

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Patent Trademark Blog

JULY 12, 2023

How can you remove blocking trademark registrations without filing a TTAB cancellation? At times, a registered trademark blocking your application may be defective. In other words, the registered trademark has certain vulnerabilities that may be challenged. Consent agreements are given great weight by the USPTO.

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SpicyIP

APRIL 9, 2022

This case while declaring the RPG mark to be a well-known mark discusses certain important issues of trademark infringement by use of the registered trademark by another registered trademark proprietor and use of the registered trademark in a trade name, with respect to dissimilar goods and services.

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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Patent Trademark Blog

MARCH 10, 2022

An expungement attacks a registered trademark on the basis that it has never been used. In such scenarios, a potential challenger may need to consider filing a trademark cancellation. Need to request expungement or reexamination of a registered trademark? appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

NOVEMBER 18, 2021

Under the Trademark Modernization Act (TMA), a petition may be filed for complete or partial cancellation of a trademark registration based on nonuse. For a reexamination petition, the nonuse of the registered trademark must have occurred at certain critical dates during the examination of the trademark application.

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