LexBlog IP

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. According to Doncic, his mother assisted him with his “off-court business affairs” and has since he was much younger. It’s odd to say the least.

Trademark 52

Trademark Registering Trademarks Business Registration 52

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. In March 2005, the mark was registered ( Registration No. The USPTO refused registration at the end of the year based on the DANTANNA’S registration.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

The TTABlog

APRIL 3, 2023

Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out? TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? 11: TTAB Confirms that Once Opposer's Mark is Registered, Priority is No Longer an Issue TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out? Precedential No.

Registration 70

Registration Designs Design Trademark 70

The IP Law Blog

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. According to Doncic, his mother assisted him with his “off-court business affairs” and has since he was much younger. It’s odd to say the least.

Trademark 52

Trademark Registering Trademarks Business Registration 52

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

Branding 52

Branding Brands Branding Marketing 52

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

Registration 52

Registration Trademark Advertising Advertising 52

Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? So it appeared that your trademark application was approved and on track to a registration until it got derailed. A third party has filed an opposition with the TTAB to block the registration of your mark. Should you hire a trademark filing service?

Trademark 52

Trademark Settlement Registration Registering Trademarks 52

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 Branding Brands Branding 52

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. So that was common law searches that we started by talking about.

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Trademark Law Branding Brands 130

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. There’s no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist.

Designs 52

Designs Design Trademark Copyright 52

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

LexBlog IP

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

Trademark 52

Trademark Trademark Law Registration Intellectual Property 52

The TTABlog

JUNE 8, 2021

The court therefore upheld the decision of the TTAB [ here ] ordering cancellation of the PRETZEL CRISPS Supplemental Registration. However, no matter how much commercial success the product enjoys, Plaintiffs are not entitled to monopolize the common name of the product being sold." Snyder's Lance, Inc. Text Copyright John L.

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Registration Social Media Blogging Marketing 97

The TTABlog

JULY 2, 2021

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. Apple, Inc. Precedential Nos.

Registration 52

Registration Designs Design Trademark 52

SpicyIP

MARCH 13, 2023

Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law?

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Formal Requirements (Article 3).

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

The TTABlog

JUNE 17, 2021

Finding that Petitioner failed to demonstrate its entitlement to maintain its genericness claim (f/k/a standing), the Board tossed out this petition for cancellation of two registrations for the mark ADVENTIST for religious publications, film production and distribution, educational services, and religious and missionary services.

Cease and Desist 52

Cease and Desist Registration Trademark Ownership 52

43(B)log

OCTOBER 31, 2022

He alleged trademark and related claims based on CasperLabs’ use of the name. Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021.

Registration 59

Registration Trademark Ownership Marketing 59

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

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

SpicyIP

SEPTEMBER 6, 2021

Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. The End of the IPAB and Lessons on Concentration of Judicial Powers. Other Developments.

Designs 113

Designs Design Inventor Trademark 113

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked.

Branding 52

Branding Brands Branding Copying 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

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Trademarks give you a wide scope of protection so that Nike could have prevented a competitor developing an icon that was similar to its own swoosh logo.

Branding 52

Branding Brands Branding Trademark 52

IP Intelligence

AUGUST 24, 2021

Recently, the Trademark Trial and Appeal Board (TTAB) decided against a petitioner seeking to cancel a registration on the Supplemental Register in SY Custom, Inc. The Tailory, LLC , Cancellation No. The case is noteworthy about how one can fail to prove a genericness case before the TTAB. 92070568 (TTAB Aug.

Business 52

Business Journalism Trademark Registration 52

LexBlog IP

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Formal Requirements (Article 3).

Trademark 52

Trademark Intellectual Property Intellectual Property Management Government 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

LexBlog IP

AUGUST 24, 2021

Recently, the Trademark Trial and Appeal Board (TTAB) decided against a petitioner seeking to cancel a registration on the Supplemental Register in SY Custom, Inc. The Tailory, LLC , Cancellation No. ” The case is noteworthy about how one can fail to prove a genericness case before the TTAB. .”

Business 52

Business Journalism Trademark Registration 52

Garrigues Blog

JULY 6, 2021

However, how to act against inappropriate uses? 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 ). Let us see it. Forgetting this step can have very negative consequences.

Branding 52

Branding Brands Branding Registration 52

The IPKat

MARCH 17, 2022

Okonkwo attended the meeting and now reports on how it went and what should happen next. Last month, members of the Nigerian Technical Working Group on Geographical Indications met to consider their first draft of a bill for the protection of Geographical Indications. Katfriend, Ifeanyi E. The TWG split the task across its members.

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Intellectual Property Registration Government Law 76

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? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and are thus easier to confuse: Brew nuts v. Beer Nuts, Bulls’ Eye v. Ingredients v.

False Advertising 49

False Advertising Contracts Branding Brands 49

The IPKat

JULY 17, 2023

Normal 0 false 21 false false false DE X-NONE X-NONE If a (former) distributor believes that they can do a better job at exploiting a principal’s trade mark and files for its registration, the principal can usually file an opposition based on earlier rights. On 18 March 1996, Underberg filed for registration of EU trade mark no.

Art 52

Art Registration Confidentiality Law 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

SpicyIP

OCTOBER 24, 2022

We’re pleased to bring to you a guest post by Akshay Ajayakumar that continues his scrutiny of the trademark registry’s standard of examination. There exist numerous certification marks which have been granted registrations erroneously. In this post, he focuses on certification marks. All views in the post are personal.

Journalism 81

Journalism Advertising Advertising Registration 81

IIPRD

FEBRUARY 23, 2021

Advances in science and technology, as well as business innovations have transformed the economy, making way for new industries and modern ways of doing business. As a result of new technologies, and a rapid increase in innovation and creativity, intellectual capital has emerged as valuable assets for businesses.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

Trademark 105

Trademark Intellectual Property Designs Design 105

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