Patent Trademark Blog

JUNE 2, 2023

While registration will ultimately be required, a pending trademark application is sufficient to enable Amazon sellers to begin enrollment. Step 3: Record Your Registered Trademark with US Customs A registered trademark can provide you with so many advantages. Should you send a trademark cease-and-desist letter?

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LexBlog IP

DECEMBER 20, 2022

However, you might not be aware that there are many registered trademarks related to Christmas. The 2004 Warner Brothers film based on a 1985 children’s book has resulted in 14 registered trademarks for Warner Brothers. Twentieth Century Fox holds 2 trademarks based on its famous 1990 film of the same name.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Exclusive Trademark Rights for Trademark Owners in India.

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Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. Without a properly registered trademark, you’ll end up with fewer options and greater costs to enforce your limited trademark rights. So how can you enforce a registered trademark inexpensively?

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Selvam & Selvam Blog

MARCH 25, 2021

Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten another trademark owner with legal action.

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Selvam & Selvam Blog

JULY 11, 2024

Cease & Desist Notice – If you are dealing with a repeat squatter, sending a cease & desist notice might probably do the trick. It is always easier to prevent the registration at the when the application is still being prosecuted rather than to cancel a registered trademark.

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Plagiarism Today

OCTOBER 26, 2021

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

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IP Tech Blog

AUGUST 17, 2022

While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. 57 of the Trademark Law. Tsingtao’s choice.

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LexBlog IP

MARCH 24, 2023

In addition to the trademark for “March Madness,” the NCAA also owns trademarks for other tournament-related phrases and logos. For example, the phrase “Final Four” is a registered trademark of the NCAA, as are logos for the tournament and individual schools.

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IPilogue

OCTOBER 19, 2021

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. One Brands sold a product labelled “Tough Cookies Only” which Cookie Department argued infringed on its “Tough Cookie” trademark.

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Selvam & Selvam Blog

MARCH 28, 2022

Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

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Patent Trademark Blog

APRIL 5, 2022

First, the mark in the new application must be identical to the canceled or expired registered trademark. Second, the goods or services in the new application must be identical or narrower than those in the canceled or expired trademark registration. What situations would not support making a trademark application special?

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Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

While finding out the right domain name that can be registered as a trademark, you must conduct a thorough trademark search to check if there are any names similar to your website. We recommend hiring the services of an IP attorney who will help find the right name and guide you throughout the trademark registration process.

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SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. The precedent set in Consim Info Pvt.

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Selvam & Selvam Blog

OCTOBER 31, 2021

For example, referring to the trademark ‘Google’ as “Run a search on Google” rather than saying “Google it.”. Giving proper notice of a registered trademark to consumers by using either the letter R enclosed within a circle – ® or using ‘TM’ for an unregistered mark. Rank Xerox Ltd & Ors. ,

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LexBlog IP

AUGUST 17, 2022

While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. Tsingtao’s choice.

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The IPKat

DECEMBER 14, 2023

Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. The Federal High Court in Abuja cancelled the registration and unauthorised use of the Sanofi trademark by the three Nigerian companies.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

This may include patent applications with patent offices or registering trademarks and copyrights with relevant authorities. Cease and Desist Letters: The first step for startups facing IP infringement is often sending a cease-and-desist letter to the infringing party.

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Greenspoon Marder LLP

AUGUST 1, 2017

It offers to maintain an annual registration for your trademark, to renew your trademark, to list your trademark on a private registry, and may warn of imminent deadlines, among other things.

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IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. The Anticyber Squatting Consumer Protection Act (ACPA) considers cybersquatting unlawful in the United States.

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Intepat

MAY 28, 2024

Apple’s Aggressive Trademark Strategy: Pursuing Control Over the Apple Symbol Apple’s efforts to control the market and monopolize the usage of the term “Apple” and the apple fruit symbol have been extensively reported. Indian Jurisprudence In Apple Computer Inc. At the time, Apple Computer Inc.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Garrigues Blog

OCTOBER 19, 2021

If you own a business in Portugal and have a registered trademark, these recommendations will prove useful. The strategy commences by sending a cease and desist letter to the other company detailing which rights you are enforcing and the consequences of not complying with the request to “ cease using the trademark”.

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Kashishipr

JULY 21, 2021

IP should be registered with the customs authorities of each country where the brand trades since they are the ones who can prevent counterfeits from entering the market at the very first point of contact, i.e., the borders of the country. Takedown notices, cease and desist notices, etc.,

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

the ITC can also issue cease and desist orders to prevent further sales of the accused products. These statutory criteria also apply to investigations based on other intellectual property rights specified in the statute, including registered trademarks, copyrights, and mask works. [4] 1337(a)(1)(B). 4] 19 U.S.C.

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LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO.

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LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO.

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Art Law Journal

JUNE 30, 2022

Unlike copyright, a trademark must be registered in each country where you wish to have protection, although there are processes to make the registration in multiple countries easier. Trademark protects words, symbols, and slogans that identify products or services.

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Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. Send Cease-&-Desist Letters Automatically. Bottom Line.

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Art Law Journal

JUNE 30, 2022

Unlike copyright, trademarks are not automatic and must be registered in each country where you wish to have protection, although there are processes to make registration in multiple countries easier. Trademark protects words, symbols, and slogans that identify products or services.

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SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. In this case, the Plaintiff, who is the proprietor of the mark “Footlockers” since 1988, has not used it for 30 years.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademark registration proves to be beneficial for the business sector in the following ways- Grant Exclusive rights Registration gives the registered owner exclusive rights to prevent third parties from selling identical or similar items or services using an identical or confusingly similar trademark.

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Erik K Pelton

NOVEMBER 3, 2020

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! But there is nothing a small business can do for its brand that provides more protection—and insurance—than obtaining a trademark registration from the USPTO. copied by someone else—is priceless.

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Patent Trademark Blog

APRIL 28, 2022

In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights. With a registered trademark, the USPTO becomes your ally.

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SpicyIP

SEPTEMBER 4, 2023

In the absence of a written pleading, a party cannot merely stand up in court and argue that a registered trademark is invalid Rmc Project Management Vs Whizlabs Software Private Ltd. Eminem sends cease and desist notice to Vivek Ramaswamy. Notorious B.I.G.’s Asks to stop rapping to his music.

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azrights

MARCH 23, 2022

So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.

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Patently-O

JUNE 24, 2024

Dewberry was founded decades earlier, and owns two federally registered trademarks for the name ‘Dewberry.'” ” DG and Dewberry Engineers had previously litigated trademark infringement claims against each other back in the 2006-2007.

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