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"A S LIVE FOREVER" Fails-to-Function as a Service Mark for Online Retail Store Services, Says TTAB

The TTABlog

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows."

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Registration and Protection Of Industrial Design In India

IP and Legal Filings

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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Difference Between Trademark And Design Registration In India

IP and Legal Filings

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are many more provisions other than those that safeguard the design rights.

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Marketing and IPR

IP and Legal Filings

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name.

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The Failure-to-Function Doctrine

IP and Legal Filings

The more familiar the term or phrase is, the less likely it will be a mark that could be used to identify a single source of goods or services. Marks consisting of designs or patterns may also be rejected as a failure to function. Descriptive marks directly convey information about the product or service.

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IP as a political instrument in Russia

The IPKat

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.

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Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. Chapter 15, authored by Mark V.