The IP Law Blog

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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LexBlog IP

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Blogging Trademark IP Law 52

JD Supra Law

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

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Blogging Trademark IP Law 52

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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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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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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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

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JD Supra Law

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

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Blogging Trademark IP Law 40

JD Supra Law

OCTOBER 20, 2022

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to office actions issued during the examination of trademark applications at the United States Patent and Trademark Office (USPTO).

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Trademark Blogging Registration Reporting 59

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).

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IP Watchdog

JULY 28, 2021

Last month, the United States Patent and Trademark Office (USPTO) posted a blog entry on its website addressing a development that trademark practitioners have been aware of for months: trademark applications have surged to unprecedented levels.

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Patent Trademark Blog

MARCH 23, 2022

If you’ve encountered a rejection of your trademark specimens of use , then you know what I’m talking about. Substitute specimens in a Section 1(a) use-based trademark application. Let’s start with trademark applications initially filed based on use in commerce under Section 1(a). Substitute specimens.

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Trademark Blogging IP Patent 98

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. Furthermore, it will also never enforce your trademark rights on your behalf.

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IP Intelligence

OCTOBER 19, 2022

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to office actions issued during the examination of trademark applications at the United States Patent and Trademark Office (USPTO).

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LexBlog IP

OCTOBER 9, 2023

Can trademarks and sports mix? To address this question, I wanted to dive in with several case studies: GREEN BAY PACKERS: Trademark. The Packers’ notable trademark is it’s original one where it claims the services of “entertainment services in the form of professional football games and exhibitions.”

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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand? Having difficulty trademarking your brand?

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IPilogue

SEPTEMBER 22, 2021

Which trademark battle? THE trademark battle—the one over who owns trademark rights in the word “THE”. In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods.

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Trademark Branding Brands Branding 105

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. .”

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Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection.

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LexBlog IP

OCTOBER 19, 2022

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to office actions issued during the examination of trademark applications at the United States Patent and Trademark Office (USPTO).

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Patent Trademark Blog

JULY 27, 2021

Is the trademark examiner a licensed attorney? Yes, trademark examiners at the USPTO are licensed attorneys at law. That is why they are called examining attorneys as opposed to trademark examiners. Knowing your audience plays a significant role in crafting a strategy to overcome a trademark refusal. It depends.

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Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Whether it’s virtual reality experiences, in-app purchases, or digital assets, protecting your brand and creations with a trademark is essential. In this article, we will explore the process of obtaining a trademark for virtual goods and the importance of seeking guidance from a trademark and patent attorney in India.

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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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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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Patent Trademark Blog

APRIL 20, 2022

What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. It is often the first and only question asked of our trademark filing services. Trademark filings have become commoditized. I’m not surprised.

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Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement.

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Kashishipr

AUGUST 4, 2021

Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark. Understanding Cryptocurrency.

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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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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

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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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LexBlog IP

SEPTEMBER 6, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark.

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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.

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Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

A trademark is an instrument using which a business can set itself apart from its competitors. Indicating the goods and services offered by the business, a trademark can be any word, phrase, logo, symbol, combination of colours etc. However, it must be kept in mind that a trademark has to be a visual representation.

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Patent Trademark Blog

NOVEMBER 17, 2021

Does the Trademark Modernization Act (TMA) have different starting dates? Yes, the Trademark Modernization Act has different effective dates depending upon the new rules. When can third parties begin requesting cancellation of non-used trademark registrations? The post When does the Trademark Modernization Act go into effect?

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Patent Trademark Blog

NOVEMBER 17, 2021

Does the Trademark Modernization Act (TMA) have different starting dates? Yes, the Trademark Modernization Act has different effective dates depending upon the new rules. When can third parties begin requesting cancellation of non-used trademark registrations? The post When does the Trademark Modernization Act go into effect?

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Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction. They help the clients choose appropriate trademark.

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