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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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?

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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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

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Trademark Registering Trademarks Art Cease and Desist 104

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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IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership.

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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Coming to the prospect of trademark protection for using the word “Santa Claus” or the character of Santa Claus being used to identify the products or services of one brand from another, U.S has several registered trademarks depicting various creative images of Santa Claus. Most trademarks registered in the U.S

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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. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

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Trademark Branding Brands Branding 57

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where you need a trademark lawyer or agent to step in. Who is a trademark lawyer? Why hire a trademark lawyer? Before you register a trademark, you need to ensure that it is distinctive.

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SpicyIP

APRIL 9, 2022

Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. These factors include: “is identical with or similar to the registered trademark, and. RPG Enterprises v. Ujjawal Bhargava.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Furthermore, if the hashtag consists of an existing registered trademark, it will aid in Trademark Registration. The post Can You Trademark A Hashtag?

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Patent Trademark Blog

APRIL 28, 2022

In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

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Trademark Law Cease and Desist Registration 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. For more visit: [link].

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. For more visit: [link].

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Trademark Branding Brands Branding 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. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. The following steps are to be undertaken in order to get a mark registered as trademark under Indian trademark law: a.

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IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

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Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. Yet, some proprietors seek to register common phrases or words for their products and services. ’ How are then these common words registered as a trademark?

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azrights

OCTOBER 27, 2023

The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand. It doesn’t give you a monopoly if you chop and change your design because then you’re not using the registered trademark. Otherwise, the business is at risk of losing its trademark.

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Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where the role of trademark lawyer in India becomes crucial. Who is a trademark lawyer? A trademark registration is complex and requires the expertise of a trademark lawyer.

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LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion. 3] CA Copyright Act, s.

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Garrigues Blog

JULY 10, 2023

The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization. In other words, it could be said that it is the first commandment of trademark law.

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Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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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. For more visit: [link].

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Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. Leaving aside trademark legislation, could this bring on a case for illicit product placement?

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IPilogue

MARCH 20, 2023

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.

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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. Relationship between Trademark Law & the Hospitality Industry. For more visit: [link].

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Even if you have registered a trademark, you may still be able to assert common law trademark rights to obtain the full protection you are entitled to. For example, you may only have a registered trademark for certain goods or services. Keep in mind that all Federal Circuit case law is binding on the TTAB.

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Kashishipr

DECEMBER 15, 2021

Morgan is believed to be the only car shape accepted by the Alicante, Spain-based registry as qualifying for legal protection under the EU Trademark Law. The post 3D Shape Trademark on Cars appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. The protection only applies in the UK.

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Trademark Intellectual Property Registration Designs 105

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

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Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. The post Can QR Codes be Trademarked? For more visit: [link].

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” Any person looking at the listings in question would instantly interpret “emoji” as describing the product’s physical attributes–AS TRADEMARK LAW PERMITS IT TO DO. The court seemingly understands the problem perfectly.

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Corsearch

AUGUST 16, 2023

In this short blog we demystify the realms of copyright and trademarks, using the U.S. Copyright and trademarks are key intellectual property rights, each possessing their own unique characteristics to shield your creations from the clutches of bad actors and infringers. Do you need to register your trademark?

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Trademark Copyright Branding Brands 52

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks. For more visit: [link].

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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. On September 28, 2021 , The Hershey Co. chocolate company (“Hershey”) filed a lawsuit against Californian cookie maker The Cookie Department Inc.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. The post Saving your Mark from Trademark Genericide appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

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Trademark Branding Brands Branding 105

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering trademarks with the U.S.

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