Patent Trademark Blog

DECEMBER 6, 2022

What does house mark mean? Building your trademark registration portfolio will generally strengthen your IP rights. With a house trademark registration, you would have further rights to argue that a competitor is using a mark that has the likelihood of causing consumer confusion. The post What is a house mark?

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Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? 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. How do we calculate this approval rating? for TEAS Plus applications; 14.6%

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Patent Trademark Blog

FEBRUARY 10, 2022

What can you do if your trademark application is opposed? Most trademark oppositions will include likelihood of confusion as grounds for denying the registration of an applied-for mark. Therefore, trademark opposition defendants should consider any effective defenses for arguing against the probability of confusion.

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Patent Trademark Blog

APRIL 6, 2022

What are smarter ways to respond to trademark Office Actions? For example, a merely descriptive refusal will require a different approach than a likelihood of confusion rejection. What is a smarter approach to a likelihood of confusion refusal? This is where it pays to use an experienced trademark attorney.

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Patent Trademark Blog

FEBRUARY 6, 2024

What is a Certification Mark? While a company might apply for registration of such a mark, permission to use certification marks must be given to third parties who meet certain standards. Owners of certification registrations control the requirements and provide authorizations for third parties to use the marks.

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IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? Caterpillar shortly opposed the application, asserting that, inter alia , the PROCAT mark was confusing with Caterpillar’s own CAT & Triangle Design [shown below]. 2023 FCA 4.The

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Patent Trademark Blog

MAY 15, 2023

Rejections based on likelihood of confusion or merely descriptive mark are the most common types of trademark rejections. Search Before You Create A Name for Amazon Brand Registry (if possible) A knockout search of live USPTO trademark filings will shed light on the risk of a confusion rejection.

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Patent Trademark Blog

MARCH 10, 2022

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. A request for expungement must be filed between 3 and 10 years after the registration date.

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Patent Trademark Blog

JULY 11, 2023

In other words, what you do before filing a trademark application will significantly impact whether or not you can register your trademark. The standard for refusing the registration of a trademark is whether there is a likelihood of confusion with any registrations. What is this rejection?

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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. Has the plaintiff pleaded its trademark registrations? Pleaded registrations may also show up in dilution claims. Is the best defense a strong offense?

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Patent Trademark Blog

JULY 26, 2021

What are the different types of trademark refusals? Some are based on similarities to prior registrations or pending applications. You need to understand the specifics of the refusal, including any cited registrations being cited by the trademark examining attorney. What is the confusion refusal?

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Patent Trademark Blog

AUGUST 23, 2023

Our Attorney Fee Guarantee SM brand of services means the opposite of what it sounds like. The sole purpose of our knockout search is to determine your risk of a likelihood of confusion refusal. What triggers a full refund of attorney’s fees under our Attorney Fee Guarantee SM trademark services?

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Patent Trademark Blog

APRIL 20, 2022

What is the #1 factor in filing a trademark application? What should be the most important factor in filing a trademark application? What is the #1 thing to consider when you’re hiring a trademark attorney? But what will you do if and when your trademark application is rejected? I’m not surprised.

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. It is the likelihood of confusion that leads to trademark infringement instances.

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Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? During that time period, a third party might oppose the registration of your trademark by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The opposition notice sets forth their grounds for blocking the registration of your mark.

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IP Tech Blog

NOVEMBER 2, 2023

the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.” Section 14 allows for a petition to cancel registration of a mark that was “obtained fraudulently.”

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IPilogue

AUGUST 10, 2022

To avoid confusion, Ohio State University rebranded itself as The Ohio State University. Second, the USPTO highlighted a potential refusal on likelihood of confusion because Marc Jacobs filed a trademark application for an identical “THE” mark on clothing items earlier than The Ohio State University. On June 21, 2022, the U.S.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Trademark owner lost a jury trial, allegedly because the court’s instructions to the jury about initial interest confusion were not favorable enough to the rightsowner.

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The IPKat

OCTOBER 27, 2021

The Court did so in a case concerning Gucci and some of its 'G' trade mark registrations [the indication of the actual trade mark registrations have been redacted from the text of the decision, and so has the defendant's own sign].

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Patent Trademark Blog

JULY 27, 2021

What are ineffective strategies for persuading trademark examining attorneys? What might help to withdraw a trademark refusal? For example, if you are dealing with a likelihood of confusion refusal, see if multiple registrations owned by different parties exist for similar marks. It depends.

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Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. ” Actual confused. ” Actual confused.

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LexBlog IP

MARCH 28, 2023

As we previously blogged , the issues presented in the care are: 1. Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims.

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LexBlog IP

MARCH 28, 2023

As we previously blogged , the issues presented in the care are: 1. Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims.

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IPilogue

DECEMBER 6, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? The Zellers Trademark: Then and Now.

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Patent Trademark Blog

APRIL 7, 2022

What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. If you have existing registered trademarks for related goods in the real world, it would certainly make sense to identify those trademark registrations in any new applications for digital goods.

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Patent Trademark Blog

NOVEMBER 23, 2021

What is a final refusal to register? In that first Office Action response, you made arguments against the reasons why the trademark examiner, called an examining attorney , believed your mark should be refused registration. What is a Request for Reconsideration? What arguments would help an examining attorney reconsider?

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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.

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. What can you do? One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners.

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DuetsBlog

OCTOBER 21, 2020

Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . So, let me ask a slightly weirder question: If Nike were an ice cream flavor, what would it taste like? . What if Ben & Jerry’s were a basketball shoe? What would it look like? .

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azrights

OCTOBER 27, 2021

Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. Essentially this is the role of brand codes – to uniquely identify your brand so there is no confusion.

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SpicyIP

AUGUST 7, 2023

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Anything important we’re missing out on? Drop us a comment below! The last date to apply is August 12, 2023. Germinda Pvt.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir. 2023), I already had my red grading pen out. The last is a classic Fall semester 1L error that I admonish my students to never make. VIP Prods. , Grimaldi , 875 F.2d

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azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. Therefore, the likelihood of confusion between Muzmatch and Match is high, said the court, and Muzmatch was taking unfair advantage of Match’s trade marks. They would believe Muzmatch to be a sub-brand.

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Garrigues Blog

OCTOBER 11, 2022

An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over. The challenge now is to protect them on the register as geographical indications of craft and industrial products.

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SpicyIP

OCTOBER 9, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week A Deeper Look into the Humans of Bombay and People of India Fiasco Image from here Humans of Bombay v.

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