Kashishipr

APRIL 6, 2022

Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration. This article shall discuss the foundations of sound trademark registrations in India while giving examples of widely known sounds trademarks.

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Registration Trademark Intellectual Property Branding 105

Patent Trademark Blog

MAY 9, 2023

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

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Trademark Registering Trademarks Registration IP 98

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

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Registering Trademarks Trademark Registration Trademark Law 105

LexBlog IP

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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Patent Trademark Blog

JANUARY 9, 2023

This metric provides a percentage of allowed trademarks in view of all trademark filings filed by an attorney. Initially, we add all the registrations and pending applications which have been approved for publication. As of the date of this post, I have secured nearly 500 trademark registrations for our clients.

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IP and Legal Filings

JUNE 9, 2022

This blog states the key differences between the two which may help you to do the same. There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes.

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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. Such ‘proof of use’ can also be demanded by the proprietor of trademark registration being relied upon as the basis of an infringement action.

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Trademark Registering Trademarks Registration Intellectual Property 105

Patent Trademark Blog

JANUARY 26, 2023

Stop fantasizing about common law rights and all that you theoretically will accomplish without a registration. Get your trademarks registered, period. Your trademark registration will open doors and unlock value that can far exceed the cost of registration.

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Patent Trademark Blog

SEPTEMBER 13, 2021

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance.

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Registration Trademark Registering Trademarks Blogging 40

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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Trademark Registering Trademarks Due Diligence Registration 52

Patent Trademark Blog

MARCH 10, 2022

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use.

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Registration Registering Trademarks Trademark IP 98

Patent Trademark Blog

JULY 7, 2021

How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g., appeared first on Patent Trademark Blog | IP Q&A.

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Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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IP Invention Intellectual Property Registering Trademarks 98

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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Trademark Registering Trademarks Registration Intellectual Property 105

Patent Trademark Blog

JULY 12, 2023

Suppose your trademark application has been rejected for being too similar to registered mark. You take a closer look at registration and realize that you have an earlier date of first use in commerce than the date cited in the registration. At times, a registered trademark blocking your application may be defective.

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Patent Trademark Blog

JULY 7, 2022

A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. Let’s consider scenarios when it may make sense to file a TTAB trademark counterclaim. Has the plaintiff pleaded its trademark registrations? And those rights may be significant.

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Kashishipr

FEBRUARY 23, 2022

Instead, it is they may not own the exclusive rights to the Intellectual Property (IP) assets that such technologies are built upon usually. So, let us now make ourselves aware of the different challenges manufacturing firms face around IP in the digital economy and ways of overcoming them. Having Proper IP Portfolios In Place.

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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. In essence: ‘use it or lose it.’

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Editing Law IP Designs 105

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. IP Challenges in the Metaverse.

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Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. The reason has to do with registrations of similar marks. This is a judgment call that would benefit from the counsel of an experienced trademark attorney.

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Trademark Registration Graphic Design Designs 97

Kashishipr

FEBRUARY 16, 2022

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License.

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Licensing Business IP Ownership 98

Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

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Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

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Kashishipr

JULY 13, 2022

Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world.

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Intellectual Property IP Copyright Infringement Copyright 72

IPilogue

SEPTEMBER 1, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. NBC Universal has filed a lawsuit against Jay Kennette Media Group (“JKMG”), an entertainment company over the latter’s registration of the mark “Dunder Mifflin.” JKMG’s trademark portfolio. What’s next?

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Trademark Registration Registering Trademarks Branding 106

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles!

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Trademark Registration Registering Trademarks Service Mark 52

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

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Patent Trademark Blog

NOVEMBER 18, 2021

Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. The cost of a TMA trademark nonuse challenge will depend on certain key factors discussed below.

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Trademark Branding Brands Branding 105

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. It settles conflicts relating to registrations of trademarks and domain names.

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Social Media Trademark Registering Trademarks Branding 98

Patent Trademark Blog

JUNE 2, 2023

If you haven’t done so already, have your trademark application filed by a patent and trademark attorney with experience in the potential obstacles that might arise. Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration.

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Patent Trademark Blog

MAY 11, 2022

How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. Register your trademarks to block the sale of competing goods that use a similar name or logo. Copyright registration may be an option for certain creative works that contain sufficient originality.

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Design Patent Designs Design Registration 52

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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Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. Without a properly registered trademark, you’ll end up with fewer options and greater costs to enforce your limited trademark rights. So how can you enforce a registered trademark inexpensively?

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

IPilogue

SEPTEMBER 16, 2022

Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies. As such, no prior use, good faith, or intention for real use of the trademark is required to acquire the exclusive rights over a trademark.

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Registering Trademarks Trademark Registration Branding 103

Kashishipr

AUGUST 10, 2021

Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. The dispute of domain name is a conflict that arises when more than one individual or group believes that they have the right to register a particular domain name.

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Intepat

DECEMBER 1, 2023

Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. The Trademark Act, 1999, and the Trade Marks Rules, 2017 (“Trade Mark Rules”) outline the trademark opposition process.

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