IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. 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.

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Patent Trademark Blog

JULY 11, 2023

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Need to register a trademark?

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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. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. What Constitutes Use?

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Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How does my trademark track record compare to others?

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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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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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Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? How can you avoid these pitfalls?

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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

The following is an edited transcript of my video “How Can You Avoid Losing Your Trademark Rights Over Time?” ” 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.

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Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Therefore, it is always an option to copyright the entire blog.

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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. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

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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. But let’s talk trademarks.

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Patent Trademark Blog

JANUARY 26, 2023

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. Some of these programs require no ongoing effort by the trademark owner.

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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. Thanks for reading!

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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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Kashishipr

MARCH 23, 2022

A trademark refers to a legally registered word or symbol representing a specific product or service of a company. Therefore, we can say that a trademark serves as a helping hand in gaining more uniqueness and popularity everywhere, including on platforms as prevalent as the internet.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

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Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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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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Kashishipr

MAY 18, 2022

The simplest mechanism of achieving the same is through Trademark Registration. The prime purpose of a trademark is to help people identify and recognize the origin or source of a specific product or service. A trademark reflects the source or origin and the quality of the products or services.

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Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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Patent Trademark Blog

JULY 7, 2022

What is a trademark counterclaim? A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. Timing is crucial here.

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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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Patent Trademark Blog

JANUARY 31, 2024

The goal of the program is to drive counterfeits to zero by giving trademark owners the ability to self-monitor and report infringing listings. Need help with protecting trademarks and brands in selling products on Amazon? Call US patent and trademark attorney Vic Lin 949-223-9623 or email vlin@icaplaw.com to explore working with us.

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IPilogue

AUGUST 18, 2022

Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage. Previously, a recognized trademark may appear on product packaging or public signage exclusively in a language other than French.

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Above the Fold

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. Summaries of the new procedures and the changes to existing procedures are located on the USPTO’s website , and we previously blogged about them here and here.

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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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Intepat

NOVEMBER 14, 2022

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. ” The system of trademark classification eases the process of registration of a trademark. .”

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LexBlog IP

DECEMBER 29, 2021

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. ” Summaries of the new procedures and the changes to existing procedures are located on the USPTO’s website , and we previously blogged about them here and here.

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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. Otherwise, the business is at risk of losing its trademark.

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Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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IPilogue

SEPTEMBER 1, 2022

NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. JKMG filed for registration of the mark for sale of apparel under Class 25, and the mark was registered in July 2017. What is trademark squatting? JKMG’s trademark portfolio.

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Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Exploring the Essentials of a Good Trademark.

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IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

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