IP and Legal Filings

AUGUST 3, 2023

Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive. Marks consisting of designs or patterns may also be rejected as a failure to function. For example, an ice cream that uses the name “Creamy” for marketing or a cookie brand uses the tagline “Have a Nice Day!”.

Registration 52

Registration Branding Brands Branding 52

Erik K Pelton

AUGUST 18, 2020

And protecting the words alone means that all fonts, colors, designs, and uses of those words are covered in the scope of the trademark registration. And when the logo is creative and unique and a nice design, it is valuable to protect the logo separately. However, there are unique circumstances where that might not be the case.

Trademark 130

Trademark Social Media Branding Brands 130

The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

Cease and Desist 67

Cease and Desist Designs Design Copyright Infringement 67

The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Is the overlap of different IP regimes genuinely problematic?

Reporting 62

Reporting Copyright Public Domain Law 62

IP Intelligence

OCTOBER 10, 2023

26, 2023) (originally designated as precedential, then not), that alone will not overcome a surname refusal. In Weale, the applicant sought registration of WEALE for a variety of skin and body care products and cosmetics. Even though a surname may be rare, in In re Weale Care, LLC , Serial No. 90756950 (TTAB Sept.

Registration 52

Registration Trademark Branding Brands 52

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. The definition of the terms ‘trademark’ and ‘mark’ provides for “combination of colors” or “any combination thereof.”

Trademark Law 105

Trademark Law Trademark Law Branding 105

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

LexBlog IP

AUGUST 14, 2023

These symbols are more than just logos; they are trademarks – vital components of intellectual property that bestow unique identity, recognition, and legal protection upon brands. In this blog post, we explore the definition of trademarks, their significance, and the myriad elements that fall under their purview.

Trademark 40

Trademark Branding Brands Branding 40

IPilogue

DECEMBER 16, 2021

Since the film discusses both the Gucci family and the Gucci brand, it may be helpful to examine each mark. The word ‘Gucci’ however, is also a fashion brand currently owned by the French corporation Kering. Therefore, the family has no legal control or stake in the Gucci name as a brand.

Branding 110

Branding Brands Branding Trademark 110

The IPKat

MARCH 20, 2022

EVENTS ECTA ®etreat | 7 April 2022 | Milan, IT The ECTA ®etreat entitled " The never-ending challenge of shape protection: design, trade mark and copyright " will be held in Milan on April 7, 2022! The full programme, list of panellists and registration can be found here. Registration and tickets are available here.

Intellectual Property 76

Intellectual Property Registration Confidentiality Branding 76

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Infringement Of IPR – Design or Artistic Work?

Artistic Work 45

Artistic Work Designs Design Copyright 45

SpicyIP

JANUARY 4, 2023

For example, (Registration no. Meanwhile, (Registration no. This creates a contradiction with the definition of certification marks as given in the TM Act. This creates a contradiction with the definition of certification marks as given in the TM Act.

Registration 105

Registration Designs Design Trademark 105

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.”

Social Media 62

Social Media Advertising Advertising Music 62

The TTABlog

MAY 1, 2023

Hudson Brands, Inc. May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. May 9, 2023 - 1:30 PM [In-Person]: In re MercadoLibre, Inc.

Branding 57

Branding Brands Branding Designs 57

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Protection Offered by a Trade Secret.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Corsearch

AUGUST 30, 2023

Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. Absolute grounds for refusal of registration are factors within the individual trademark in isolation which hinder registration. See registration fee.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

LexBlog IP

OCTOBER 28, 2021

As of June 2019, the definition of a registrable trademark in Canada expanded to include various distinguishing features, known as non-traditional marks. Toblerone’s TREAD DESIGN. Ferrero’s 3D BOX DESIGN. Tootsie Roll’s LOLLIPOP DESIGN. TMA601833). TMA164635). TMA1106725). Topps’ Ring Pop.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

MAY 15, 2024

There is also an opportunity for brands to become more sustainable through the adoption of AI. Looking forward, there is scope to drive efficiencies with manufacturing practices and through enhancing a brand's ability to better predict buying and merchandising needs. The question remains whether this is achievable for all brands.

Reporting 57

Reporting Branding Brands Branding 57

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. The defendant was “Darveys.com”, it was a “luxury brand marketplace” [6]. Nakul Bajaj & Ors. [4]

Marketing 85

Marketing Marketing Trademark Registration 85

43(B)log

AUGUST 3, 2023

Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Protecting brand investment and consumers? The TM bargain: registration can be made in a form prescribed by the Director, so there’s some statutory flexibility if we think policy justifies it. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

Canadian Intellectual Property Blog

FEBRUARY 3, 2021

Words and logo designs tend to steal the show when it comes to what many typically associate with the term “trademark”. In creating marketing strategies, brand owners should consider the proprietary potential in thinking “outside the [traditional] box”. MBM offers initial consultations at no charge.

Trademark 52

Trademark Branding Brands Branding 52

Patent Trademark Blog

MARCH 18, 2022

When consumers see a particular brand, the mark tells them that the product comes from a particular company. Consumers may expect a certain level of quality or other product characteristics from a brand owner. Customers might expect to pay more, or less, depending upon the brand of the product. Trademarks can last indefinitely.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

The IPKat

JULY 7, 2023

The first panel analysed the role of trade marks and designs in relation to several aspects of the digital and virtual environments. Indeed, NFTs ( Hermes case ), the facilitated commercial transactions and the different Metaverse marketplaces were considered in the discussion on the use of marks and the expansion of virtual designs.

Reporting 86

Reporting Music IP Intellectual Property 86

Intepat

NOVEMBER 14, 2022

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. Services for providing food and drink; Temporary accommodation.

Trademark 98

Trademark Registering Trademarks Registration Music 98

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. So granted mark is rarely interrogated. F2F works pretty well.]

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

Designs 40

Designs Design Branding Brands 40

IIPRD

JUNE 14, 2021

Right from the lanes of Delhi’s Sarojini Nagar, to the high-end fashion brands like Manish Malhotra and Sabyasachi, the people of the country have dynamic tastes and never-ending interests! Piracy and Fashion Design. Protection under the Designs Act, 2000. That is their main asset, their main product.”

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration. We might see a separation of TM function of TMs and the brand loyalty function of handbags. That’s of registrations w/a response.

Registration 59

Registration Branding Brands Branding 59

LexBlog IP

FEBRUARY 16, 2023

Article 5: (Application for TM Registration) This article includes aspects of the earlier Article 4, underscoring a new emphasis on use or commitment to use in commerce as the basis of a trademark filing. single color marks, scent marks, etc.) if they can indeed function as source identifiers.

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

LexBlog IP

APRIL 27, 2022

In addition, fanciful marks are more likely to obtain trademark registration (i.e., Definition of “Fanciful Trademark” Fanciful Marks May Become Generic. As a refresher, a trademark is a word, design, or phrase that serves as a source identifier that distinguishes your goods and/or services from others.

Trademark 52

Trademark Branding Brands Branding 52

IIPRD

MARCH 9, 2022

This concept has originated from the United States’ Lanham Act of1946under section 43(a) a product’s trade dress can be protected without any kind of formal registration. However, the Act recognises trade dress through certain definitions under Section 2. The landmark judgement in this regard is that of Colgate Palmolive Co.

Trademark 40

Trademark Branding Brands Branding 40

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Alexander S.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. The definition of these terms is unclear. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122