SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier , CGPDTM has invited comments from the interested stakeholders by October 15, 2023. Hear Me Out!

Patent Application 69

Patent Application Invention Designs Design 69

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks – on non-traditional trademarks.

Patent Application 64

Patent Application Designs Design Invention 64

IPilogue

OCTOBER 17, 2022

Interestingly, Apple first filed the trademark for Dynamic Island with the Jamaican Intellectual Property Office (“JIPO”) back in July before filing it in the U.S. In this case, Apple filed the trademark application for Dynamic Island on July 12, 2022, in Jamaica, a member of the Paris Convention which recognizes the right of priority.

Trademark Law 119

Trademark Law Trademark Law Privacy 119

LexBlog IP

APRIL 25, 2023

where at issue is whether the Tenth Circuit erred in applying the Lanham Act extraterritorially to Abitron’s foreign sales, including purely foreign sales that never reached the United States, as more fully described in our previous blog. Foreign buyers today. They are competing with the trademark owner in the U.S.

Trademark Law 52

Trademark Law Trademark Blogging Law 52

Patent Trademark Blog

NOVEMBER 30, 2022

Keep in mind, however, that foreign patents will not be an option in most cases due to a rule known as the absolute novelty bar. Use design patents to protect this new appearance. Would copyright protection be available for your original product? Copyright protection might be an option. Was it the date of your first sale?

Copying 98

Copying Patent Patent Application Blogging 98

Patent Trademark Blog

DECEMBER 13, 2022

Do you file foreign patents, including PCT applications ? What do you do when you get an International Seach Report or Office Action from a related foreign application? What are strategies for obtaining stronger patent protection against competitors? appeared first on Patent Trademark Blog | IP Q&A.

Patent Prosecution 98

Patent Prosecution Patent Patent Application Litigation 98

IP Tech Blog

AUGUST 2, 2022

The Metaverse trademark hype is on. They need to also secure the appropriate IP rights to protect their brands in this emerging new virtual market place. Fashion brands are thus filing trademark applications in the US and the EU to secure protection for the digital projection of their shoes and accessories.

Trademark 57

Trademark Branding Brands Branding 57

IP Tech Blog

FEBRUARY 15, 2023

There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. licensing, assignment, JVs, cooperation and co-development etc.)

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

Patent Trademark Blog

JULY 28, 2022

To procure foreign utility patents, however, you can file one international patent application that gives you patent-pending status in most countries. A PCT application simply starts the process that can lead to foreign utility patents. A PCT patent application extends the foreign filing deadline by an additional 18 months.

Patent 96

Patent Patent Application Art Intellectual Property 96

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

Patent Trademark Blog

MARCH 24, 2022

What does it mean to protect intellectual property? Now that we know what intellectual property is , let’s talk about how to protect intellectual property. The word “protect” is curious in the context of IP. What do we mean by intellectual property protection? Trademarks are relatively straightforward.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

IPilogue

SEPTEMBER 16, 2022

After a lengthy 22-year trademark battle with Chinese businessman Fang Yuzhou, London-born shoe company Manolo Blahnik has won the legal right to use their name in China. Manolos have never been sold in mainland China because Yuzhou registered the trademark “Manolo & Blahnik” in 1999 in China. China’s Trademark System.

Registering Trademarks 103

Registering Trademarks Trademark Registration Branding 103

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. Copyright Office, after what amounts to a much lighter review process.

Trademark 98

Trademark Government Copyright Service Mark 98

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 57

Trademark Law Trademark Law Branding 57

LexBlog IP

AUGUST 2, 2022

The Metaverse trademark hype is on. They need to also secure the appropriate IP rights to protect their brands in this emerging new virtual market place. Fashion brands are thus filing trademark applications in the US and the EU to secure protection for the digital projection of their shoes and accessories.

Trademark 52

Trademark Branding Brands Branding 52

Patent Trademark Blog

JANUARY 4, 2023

Unlike design patents , utility patents protect functionality. Patent claims read like a foreign language. If your US nonprovisional filing is based on a foreign application either through the Paris Convention or PCT, consider amending the claims to remove multiple dependencies and excess claims.

Patent Application 98

Patent Application Patent Art Blogging 98

LexBlog IP

APRIL 17, 2023

statutes in other circuits, it held that the Lanham Act could be applied to foreign defendants’ foreign sales and upheld, in part, the district court’s decision. Abitron explained that since the Lanham Act does not state that it applies in foreign countries, federal courts have been inconsistent in applying the statute.

Trademark 52

Trademark Intellectual Property Law Intellectual Property Law 52

Patent Trademark Blog

MAY 31, 2022

How do you file foreign patents cost-effectively? It’s no secret that obtaining foreign patent protection is highly expensive. Most clients are under a limited budget, seeking to stretch their money as much as possible to seek smarter patent protection. Is there a smarter strategy to file foreign patents?

Patent 52

Patent Art Invention Patent Application 52

Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”

Government 147

Government Business Trademark Blogging 147

IP Tech Blog

JULY 10, 2023

The authors wish to thank Summer Associate Will Baker (Cleveland) for his work on this timely blog. Trademark owners take note: In Abitron Austria GmbH et al. laws, it vacated a $96 million damages award against a foreign defendant because the conduct relating to the damages was not a “use in commerce” under the Lanham Act.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

Patent Trademark Blog

JUNE 15, 2022

If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. Generally, we recommend PCT applications if you: need more time; want to defer legal costs; and/or wish to keep open the option to file in major foreign countries. You do not care about any other foreign countries.

Patent Application 52

Patent Application Patent Business Blogging 52

Patent Trademark Blog

JANUARY 12, 2023

Of course, this total does not include all the international and foreign patents I’ve handled. They can still practice trademark or copyright law. PCT applications and foreign patents are not included in the PPUBS databases. Number of US Patents by Patent Attorney Vic Lin. How to Check If A Lawyer Is A Patent Attorney.

Patent 98

Patent Patent Application Registration IP 98

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 52

Trademark Law Trademark Law Branding 52

LexBlog IP

JULY 10, 2023

The case concerns a trademark dispute where Hetronic, a manufacturer of remote controls for construction equipment, sued its former distributor, Abitron, for selling infringing products. On appeal, the Tenth Circuit affirmed the judgment, concluding that the Lanham Act extended to all of Abitron’s foreign infringing conduct.

Trademark 52

Trademark Blogging Law Intellectual Property 52

Nelligan Law

OCTOBER 25, 2022

Reading Time: < 1 minute Since the implementation of the modernized Trademark Act , the Canadian Trademarks Office began accepting requests for expedited examination (as of May 3, 2021). This was welcome news to many given the significant delay at the Canadian Trademarks Office (2-3 years).

Trademark 86

Trademark Intellectual Property Registration IP 86

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. The views expressed in this post are personal. Aparajita Lath.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Patent Trademark Blog

MARCH 6, 2024

In most cases, you will want to get utility patents to protect the unique functional features of your medical device. Should you apply for foreign medical device patents? To pursue foreign patents, consider filing an international PCT application. Design or utility patent?

Patent Application 52

Patent Application Patent Art Design Patent 52

IP Tech Blog

FEBRUARY 9, 2022

The Hague System allows right holders to secure design protection simultaneously in multiple countries or regions through one international application, in one language with one set of fees and, unlike the Madrid Convention for trademarks, there is no requirement to file a national application first.

Designs 67

Designs Design Design Patent Inventor 67

SpicyIP

MAY 17, 2023

India, which has featured in this list multiple times in the past, (as highlighted on the blog by different authors over the years) finds its position in the list yet again, for remaining as “one of the world’s most challenging major economies with respect to protection and enforcement of IP”. 35, para 5).

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

LexBlog IP

JULY 10, 2023

The authors wish to thank Summer Associate Will Baker (Cleveland) for his work on this timely blog. Trademark owners take note: In Abitron Austria GmbH et al. laws, it vacated a $96 million damages award against a foreign defendant because the conduct relating to the damages was not a “use in commerce” under the Lanham Act.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

IP and Legal Filings

AUGUST 30, 2021

The launching of “China Copyright Chain” was done at China Internet Copyright Protection and Development Conference. The technology of blockchain helps in fixing the pieces of evidence by providing new ways which can help in providing efficient copyright protection for the copyright holder and also reducing the expenses incurred.

Copyright 73

Copyright IP Technology Trademark 73

Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

Trademark 40

Trademark Registration Registering Trademarks Blogging 40

Patent Trademark Blog

MAY 18, 2022

Can you file a late foreign patent application based on Paris Convention? But, what if you are thinking about filing a direct foreign patent application claiming priority to a US priority application? What are your late foreign patent filing options under the Paris Convention? Let’s look at a few scenarios.

Patent Application 52

Patent Application Patent Trademark Blogging 52

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, the fate of the Gruyère trademark in Canada is still up in the air. However, SCU did not give up.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

Kashishipr

JUNE 3, 2021

As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. The new GILTI tax reduces the benefit of using foreign IP holding companies to defer the US tax on global income.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

IPilogue

MAY 2, 2022

As Andrew Masson recently discussed , Russia is now responding to sanctions by removing the protection of IP rights in its territory for owners from “unfriendly” countries. On March 04, 2022 , the United States Patent and Trademark Office announced that it would no longer associate with the Russian and Belarusian Patent Offices.

IP 106

IP Trademark Patent Licensing 106