Patent Trademark Blog

APRIL 28, 2022

Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or company to use a particular mark on selling goods or services in a limited geographical area. US trademark law is different.

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Kashishipr

MAY 4, 2022

Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand. Have Proper Symbols of Trademark Registration & Ownership. If you have a registered trademark in place, you should use the ‘®’ symbol.

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Patent Trademark Blog

JUNE 2, 2023

First Steps to Trademark Enforcement Before diving into trademark enforcement options, take the following preliminary steps to boost your trademark rights. Step 1: Get Your Trademark Application Filed Properly Without a doubt, it will cost you more money and time to enforce an unregistered common law trademark.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration. This phenomenon is called acquired distinctiveness.

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Business Trademark Registration Cease and Desist 52

Erik K Pelton

NOVEMBER 3, 2020

Pelton & Associates, to advise and counsel others about trademark protection. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process.

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The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Today, it’s about the trade marks. Katpost on the decision here.

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IP Tech Blog

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

IPilogue

OCTOBER 19, 2021

Hall Law School. . The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

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Trademark Copyright Cease and Desist Copying 241

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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IP Intellectual Property Social Media Cease and Desist 98

Kashishipr

OCTOBER 6, 2021

A trademark clearance search is vital because it allows you to get ahead of obstacles and avoid potential legal issues before they arise and before the company invests time and resources in developing its trademark. Elements of Trademark Clearance. It depends on a variety of factors as to how the trademark is to be used.

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Business Trademark Cease and Desist Registration 105

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.

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LexBlog IP

AUGUST 17, 2022

Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? Or should this be rather a case of trade dress infringement under the Unfair Competition Law? Trademark or Unfair Competition? 57 of the Chinese Trademark law. And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyright law grants exclusive rights to the creators or owners of original works, such as literary, artistic, musical, and dramatic creations. Startups can protect both the source code and object code through copyright registration. These rights enable startups to control and profit from their creative endeavors.

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

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IP Intellectual Property Social Media Cease and Desist 52

Garrigues Blog

OCTOBER 19, 2021

Registrations will not prevent others per se from trying to enter the market with similar signs covering similar goods and services: you need to be vigilant and take into account the following ground rules. If you own a business in Portugal and have a registered trademark, these recommendations will prove useful.

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Trademark Cease and Desist Registration Litigation 59

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work.

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SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Relying on this, the defendant was able to obtain the impugned copyright registration. Inventprise Inc. and Ors. ,

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Kashishipr

JULY 21, 2021

Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. Takedown notices, cease and desist notices, etc., The post Dealing with Counterfeits on E-Commerce Websites appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. For more visit: [link].

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SpicyIP

MAY 15, 2023

Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] on 8 May, 2023 (Delhi High Court) This case concerned rectification of the Trademarks Register by removing the respondent’s. Important IP cases that we’re missing out on?

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Trademark Registration Cease and Desist IP 104

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Which Types of IP Law Is Right for You?

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Intellectual Property IP Invention Designs 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 100

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency. on Triveni Interchem Pvt.

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