Erik K Pelton

FEBRUARY 20, 2023

The following is an edited transcript of my video 3 Things I Learned in Law School That I Apply to Trademarks Every Day. and I was reflecting on some of the lessons that I learned in law school that I apply to my trademark work every day. The majority of big law decisions, cases, and court filings relate to big corporations.

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Trademark Law Branding Brands 147

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. Application and Application-Related Fees.

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Trademark Registration Branding Brands 184

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2024

One of the most effective ways to safeguard your business name, logo, or product is by registering a trademark. However, before registering, conducting a quick company trademark search is essential to ensure that your brand is unique and doesn’t infringe on any existing trademarks. What is a Trademark in India?

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IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

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Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. File early.

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Trademark Cease and Desist Branding Brands 147

Intepat

APRIL 10, 2022

Additionally, trademark registrations for MSMEs are relatively cost-effective. It is a simple process that can be done online. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Every trademark is unique. Registration fee.

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Erik K Pelton

SEPTEMBER 18, 2020

The following is an edited transcript of my video, TEAS PLUS Trademark Application vs TEAS STANDARD. One question that comes up a lot when people go to file a trademark application at the USPTO (US Patent and Trademark Office) is TEAS PLUS versus TEAS STANDARD application forms.

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IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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LexBlog IP

DECEMBER 18, 2023

Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? Swift is no stranger to using intellectual property to effectively protect her brand and music.

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Trademark Branding Brands Branding 52

IP.com

OCTOBER 2, 2024

IP encompasses a wide range of intangible assets, including inventions, trademarks, designs, and trade secrets. These can include: Patents: Protect new inventions or processes. Trademarks: Protect brand names, logos, and slogans. Conduct a thorough trademark search to avoid conflicts with existing marks.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration.

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Trademark Intellectual Property Registration Registering Trademarks 98

Intepat

JUNE 11, 2024

This Madrid system has significantly impacted global trademark registration, with over a million registrations worldwide. A key feature of the Madrid System is the provisional refusal, an initial objection from a national trademark office to an international trademark application.

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SpicyIP

SEPTEMBER 16, 2024

On August 14, the Delhi High Court passed the final judgment in a 23-year-old trademark dispute between Lacoste and Crocodile International. CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. SpicyIP intern Samridhi Chugh discusses the key issues in the dispute and breaks down the Court’s verdict.

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Intepat

APRIL 10, 2022

Trademark Registration for MSME. Additionally, trademark registrations for MSMEs are relatively cost-effective, and it is a simple trademark process that can be done online. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them in flourishing among existing top brands.

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Registration Trademark Branding Brands 52

Dragons' Den

MARCH 30, 2023

This process is not quick and can take several years before you receive a granted patent. It also costs money, so you need to make sure that the potential benefit of a patent will outweigh the time, effort and money it takes to get and maintain one. A brand is vital to a business when it comes to marketing.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. They are the forces behind the creation of brand-new products, services, and technological advancements, all propelled by innovative concepts and intellectual property.

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Intellectual Property Invention IP Technology 75

LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Pre-application. Trademark Intake Form. Trademark Search. Application Drafting. Trademark Application Preparation.

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IP and Legal Filings

JUNE 26, 2022

The word trademark is a culmination of two words, i.e., ‘trade’ and ‘mark’. Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. As per the statute trademark means-. “ It is cost effective. STEP 1: Trademark Search.

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IP and Legal Filings

MAY 19, 2022

Trademark enables such companies to accomplish some major goals which lead to becoming successful organizations and instituting their name. Under this scheme, startups will receive an 80% discount on patent filing when compared to other businesses. This will aid them in cutting costs throughout the early years.

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Trademark Government Branding Brands 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers. WHY ARE INTELLECTUAL PROPERTY RIGHTS IMPORTANT FOR STARTUPS?

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SpicyIP

SEPTEMBER 29, 2024

Deciding Product by Process: The Dilemma lingers on An interim injunction application against a process to manufacture FCM was recently rejected by the Calcutta High Court for lack of a prima facie case. Case Summaries Mankind Pharma Limited v. Pranjali Swapnil Pimprikar Trading as A2 Lifesciences and Anr.

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LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. The United States Patent and Trademark Office (USPTO) has announced a number of show-cause orders and exclusion orders issued by the Commissioner for Trademarks. These applications have been terminated. Trademark 999.

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Designs Design Trademark Branding 52

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. You must file before releasing your product to the public.

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Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. When consumers see a particular brand, the mark tells them that the product comes from a particular company. Trademarks can last indefinitely.

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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

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

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LexBlog IP

MAY 8, 2023

Gaming has even helped drive sound, graphics, control, and processing innovations in personal computing. Note any elements of the game that are particularly new and creative or representative of your brand. Trademark application – U.S. Design patent filing – U.S. and other key foreign countries.

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LexBlog IP

JANUARY 27, 2022

Trademark Class 41 involves entertainment and education services. As an overview, the United States Patent and Trademark Office (“USPTO”) divides all goods and services into 45 distinct categories (also called “International Classes”). Services are not within Trademark Class 41.

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LexBlog IP

MAY 12, 2023

It includes patents, trademarks, copyrights, and trade secrets. Obtaining patents or trademarks for their inventions or brand names can prevent others from copying or imitating their innovations, protecting those ideas and giving them a competitive edge. Let’s delve into the specific reasons why.

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Selvam & Selvam Blog

SEPTEMBER 16, 2021

Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. The Applicant has the burden of proof to show proper usage of the mark for all the goods and services provided under the relevant classes.

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Registration Trademark Branding Brands 52

SpicyIP

AUGUST 4, 2024

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? The application was filed by Al Hamd Tradenation alleging that PPL was charging unreasonable royalty rates to use its repository of songs. This and much more in this SpicyIP Weekly Review. Anything we are missing out on?

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LexBlog IP

MARCH 28, 2023

If any readers have ever gotten in touch with OG+S regarding a potential trademark application, we have likely mentioned the possibility of doing a “preliminary screen” for your mark. Here at OG+S, we are always happy to run such a screen (for a reasonable flat fee) for anyone considering applying for a trademark.

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Corsearch

FEBRUARY 29, 2024

Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. But we also explain the most effective approach: using AI-fueled and expert-led brand protection solutions to save time and ensure a sustained reduction in infringement across marketplaces.

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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. Impersonation ANPR; FTC File No. Comments of Erik M.

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43(B)log

FEBRUARY 23, 2024

It’s a tough process to get SCOTUS to fix. We might see a separation of TM function of TMs and the brand loyalty function of handbags. We’ve been struggling w/the growth of the brand in TM context, distorting source identification function; Amazon could help us break that linkage. So PTO may be cleaning up after petitioners.

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SpicyIP

MARCH 8, 2023

In this process, they sometime tend to promote their product at the cost of dishonouring or discrediting their competitor’s product. This results in common claims of ‘disparagement’ in trademark law. Previously, trademark cases have been entertained in situations where disclaimers/ warnings have been given along with products.

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