JD Supra Law

AUGUST 30, 2022

Despite this, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision canceling TMR’s trademark registration for CHENOA FUND & Design covering inter alia mortgage financing services on the grounds that CBC, rather than TMR, owns the mark due to its ultimate control of the business and brand.

Registration 55

Registration Trademark Branding Brands 55

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Brands 52

Brands Branding Branding Trademark 52

JD Supra Law

JANUARY 14, 2022

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Patent and Trademark Office (USPTO) trademark register is full of registrations, both legitimate and illegitimate.

Trademark 101

Trademark Registration Branding Brands 101

IP Law 360

JUNE 6, 2023

Georgia vape shop companies have intensified a trademark infringement dispute over the "Elf" brand of e-cigarette products, asking a Georgia federal court to cancel the registered mark at issue and award damages against a Chinese manufacturer and New York distributor.

Branding 40

Branding Brands Branding Trademark 40

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.

Cease and Desist 52

Cease and Desist Brands Branding Branding 52

JD Supra Law

NOVEMBER 16, 2023

In business, trademarks are everything. It's how consumers come to know, love and trust your brand. When you find yourself in a trademark dispute, having experienced legal counsel on your side is paramount. In short, it is a jungle out there. In short, it is a jungle out there. By: Vondran Legal

Trademark 66

Trademark Branding Brands Branding 66

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Brands 52

Brands Branding Branding Intellectual Property 52

LexBlog IP

APRIL 19, 2023

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

Trademark 52

Trademark Registration Marketing Marketing 52

IP Law 360

MARCH 24, 2023

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Bank of America is seeking to cancel a "Bitcoin Bank America" trademark registration owned by a cryptocurrency company owner who was charged for his alleged role in a fraud scheme connected to a COVID-19-era relief program — plus three other cases you need to know.

Brands 75

Brands Branding Branding Registration 75

IP Law 360

JANUARY 26, 2022

Children's clothing company Garanimals scored a victory when an Oregon federal judge ordered the cancellation of a rival's trademark registration on "Manimal," finding the Garanimals brand to be famous due to "unsolicited media attention" from shows like "The Tonight Show Starring Jimmy Fallon."

Brands 40

Brands Branding Branding Registration 40

IP Law 360

DECEMBER 9, 2022

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Prudential is trying to cancel World Wrestling Entertainment's trademark rights for "The Rock," saying that WWE has abandoned the mark since the wrestler-turned-actor retired from the industry years ago — plus two other cases you need to know.

Brands 75

Brands Branding Branding Trademark 75

JD Supra Law

JULY 27, 2021

Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products outside of the U.S., including in India. By: Dorsey & Whitney LLP

Registration 98

Registration Brands Branding Branding 98

IP Law 360

SEPTEMBER 9, 2022

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Dallas Mavericks basketball star Luka Doncic is seeking to cancel a trademark registration on his name that is owned by his mother — plus three other cases you need to know.

Brands 75

Brands Branding Branding Registration 75

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.

Trademark 62

Trademark Registration Branding Brands 62

Erik K Pelton

DECEMBER 31, 2021

Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.

Trademark Law 73

Trademark Law Trademark Law Advertising 73

Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

Registration 147

Registration Trademark Registering Trademarks Branding 147

IP Law 360

AUGUST 6, 2021

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the estate of late singer Prince wants to cancel an Ohio winery's registration on "Purple Rain" wine, saying that the term "was not in the U.S. lexicon" until the artist used it in his 1984 song and movie — plus four other new cases you need to know.

Brands 75

Brands Branding Branding Registration 75

IP Law 360

APRIL 1, 2024

A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

Branding 52

Branding Brands Branding Trademark 52

Managing IP

JULY 20, 2022

Sources say trademark owners can combine civil suits with administrative raids or non-use cancellations to secure better evidence and get high damages.

Brands 52

Brands Branding Branding Trademark 52

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

IPilogue

OCTOBER 21, 2022

On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

Trademark 104

Trademark Branding Brands Branding 104

IP Law 360

MAY 27, 2022

A Texas federal jury held Friday that a Florida guitar maker sold counterfeit guitars that infringed the trademark on Gibson Brands Inc.'s s Flying V guitar and other iconic models, and shot down the rival's efforts to cancel several Gibson trademarks as generic.

Branding 98

Branding Brands Branding Trademark 98

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers? Barilla America, Inc., 22-cv-03460-DMR (N.D.

Brands 59

Brands Branding Branding False Advertising 59

The TTABlog

NOVEMBER 30, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of December 2023, all held via video conference. 91249511 and Cancellation No. Bronx Native composed of Giancarlos Martinez, Roselyn Grullon and Amaurys Grullon , Cancellation No. December 5, 2023 - 2 PM: Omegle.com, LLC v.

Registration 67

Registration Branding Brands Branding 67

IP Intelligence

FEBRUARY 1, 2024

It has been a busy year for domain scammers – and the brand owners fighting back against them. UDRP complaints are a tool for brand owners to seek the transfer or cancellation of domains registered in bad faith and that misappropriate trademarks in the website URL. Third, they are highly effective.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

IP Law 360

DECEMBER 2, 2022

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Facebook parent Meta Platforms Inc. is trying to cancel a trademark registration on the term "Metaview," a trademark it's also trying to secure rights for — plus three other cases you need to know.

Brands 40

Brands Branding Branding Registration 40

Patently-O

MAY 28, 2024

This case was decided on statutory grounds – with a holding that minority owners in a company are not authorized to bring a TM cancellation to protect a mark held by the company. The names in this case are a bit confusing — often the case in trademark disputes. Winemaker Mr. Paul Hobbs founded Hobbs Winery.

Trademark 85

Trademark Ownership Registration Branding 85

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ).

Brands 52

Brands Branding Branding Registration 52

The TTABlog

OCTOBER 9, 2024

The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. Cancellation Nos. Section 45 of the Trademark Act provides that a mark shall be deemed abandoned: (1) When its use has been discontinued with intent not to resume such use. Rascal House, Inc.

Branding 62

Branding Brands Branding Registration 62

JD Supra Law

OCTOBER 26, 2023

Recently the Canadian Trademarks Office announced that extensions of time available in Oppositions and Section 45 (non-use cancellation) proceedings will be significantly reduced as of December 1st.

Branding 63

Branding Brands Branding Trademark 63

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. Petition to Cancel. 23, 2019). Current Fee.

Trademark 184

Trademark Registration Branding Brands 184

GDB Firm Blog

JANUARY 24, 2022

Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use. In recent years, the trademark Principal Register has been cluttered with fraudulent trademark registrations.

Trademark 52

Trademark Brands Branding Branding 52

LexBlog IP

APRIL 4, 2022

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. In Roots Corporation v. Applicant introduced the testimony declaration of its owner.

Trademark 52

Trademark Brands Branding Branding 52

IAM Magazine

DECEMBER 15, 2021

US trademark owners will have fresh options for expunging, re-examining and cancelling trademarks once key provisions of the Trademark Modernisation Act come into effect later this week.

Trademark 52

Trademark Brands Branding Branding 52

IAM Magazine

DECEMBER 15, 2021

US trademark owners will have fresh options for expunging, re-examining and cancelling trademarks once key provisions of the Trademark Modernisation Act come into effect later this week.

Trademark 52

Trademark Brands Branding Branding 52

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. The TTAB sided with Coca-Cola in ordering the marks cancelled. McCarthy on Trademarks § 29:1. law that trademark rights in the US require that the mark be used in the US.

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Trademark Trademark Law Branding Brands 121