The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. The window to request the cancellation of the PDO expired on 31 December 2014, but Duca di Salaparuta had not sought cancellation before that deadline. Background More wine cases for the CJEU. Background More wine cases for the CJEU.

Registration 67

Registration Branding Brands Branding 67

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

Trademark 52

Trademark Branding Brands Branding 52

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.

Branding 52

Branding Brands Branding Trademark 52

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 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

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.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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. The TTAB sided with Coca-Cola in ordering the marks cancelled. McCarthy on Trademarks § 29:1.

Trademark 120

Trademark Trademark Law Branding Brands 120

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S.

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. Cubatabaco v.

Registration 78

Registration Trademark Law Trademark Branding 78

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. An opposer need not prove actual damage.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." Cancellation No. Capital Distributors, LLC and Capital Imports, LLC. 92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A.

Designs 70

Designs Design Registration Marketing 70

Erik K Pelton

DECEMBER 24, 2020

The following is an edited transcript of my video All About Trademark Searches. Searching for trademark conflicts is one of the most important things about the practice and protection of trademarks and brands. So a common law search is valuable for that reason.

Trademark 130

Trademark Law Branding Brands 130

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

Trademark Law 52

Trademark Law Law Trademark Intellectual Property 52

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character.

Trademark 105

Trademark Intellectual Property Registration Designs 105

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. As a result, Ferrari’s mark was cancelled concerning vehicles due to non-use but remains valid for toy cars.

Editing 105

Editing Law IP Designs 105

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. However, how to act against inappropriate uses? This preliminary analysis has to go further and check, for example, if the brand we have chosen is also available as a domain name. Let us see it. An unpleasant surprise.

Branding 52

Branding Brands Branding Registration 52

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Guess What? Yes] Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

43(B)log

FEBRUARY 3, 2024

Possible implications for how we think about refugees, internationalization of rights. History of art as propaganda: art can support war or speak truth to power. Iran has criminalized expression: rapping, singing, dancing. IP rights are contingent and state dependent in ways that have nothing to do with the merits of expression or invention.

Branding 59

Branding Brands Branding Art 59

Patent Trademark Blog

MAY 31, 2023

Are Amazon sellers using a similar brand or product name? Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Why send a cease-and-desist letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

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.

Government 147

Government Business Trademark Blogging 147

43(B)log

FEBRUARY 23, 2024

But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines.

Registration 59

Registration Branding Brands Branding 59

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. What Are Trademarks?

Trademark 52

Trademark Registering Trademarks Registration Copying 52

LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). I call it “ New TESS ” and show you how to use “Advanced Searches” in plain English. AND, OR, AND NOT).

Registration 52

Registration Designs Design Trademark 52

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? end products, or products where the consumers will care which brand they got more or less. Beer Nuts, Bulls’ Eye v. Raging Bull for barbecue sauce, Powerbar v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 These updates will have implications for trademark holders in various classes, with a special emphasis on Class 3. trademark holders to stay updated.

Trademark 52

Trademark Intellectual Property Editing Registration 52

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. 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. Trademarks can last indefinitely. So what is IP exactly?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

The TTABlog

JULY 5, 2022

Concluding that Coca-Cola failed to establish statutory standing based on lost sales or reputational injury, the CAFC reversed the TTAB’s decision [ TTABlogged here ] ordering cancellation of Meenaxi Enterprise's registrations for the marks THUMS UP and LIMCA for soft drinks. trademark rights in the THUMS UP or LIMCA brands."

Trademark 52

Trademark Branding Brands Branding 52

Patent Trademark Blog

JULY 26, 2021

What are the different types of trademark refusals? Not all trademark refusals are the same. Some are based on similarities to prior registrations or pending applications. There is not a one-size-fits-all approach to overcoming a trademark refusal. Other refusals may be based on descriptive qualities in the mark.

Trademark 53

Trademark Registration IP Blogging 53

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. We like how they sort us/how we get to identify with them? How much of that is cultural? Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. How do you protect a website? There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

43(B)log

FEBRUARY 19, 2022

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. This is unsurprising: Rogers itself was based on an opposition between “artistic expression” and “commercial speech.”

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

JANUARY 18, 2022

This one is for trademark fans as well as cooks and has an interesting backstory. This neat scheme and the accompanying rules about the origin of olive oils was upended by the explosive growth of an olive oil producer whose label contained the prominent trademark CALIFORNIA OLIVE RANCH. Olive Oil and State Pride. See illustration.).

Law 52

Law Trademark Branding Brands 52