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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Erik K Pelton

MARCH 9, 2021

The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. Second, there’s the cost of time.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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Business Trademark Registration Cease and Desist 52

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

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Social Media Trademark Cease and Desist Registering Trademarks 105

Technology & Marketing Law Blog

MARCH 4, 2022

Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression. This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Elster appealed the decision to the Federal Circuit.

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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.

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Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Achieve registration.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 74

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. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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Trademark Copyright Cease and Desist Copying 241

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 1 Imagine you’ve been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Patent Trademark Blog

SEPTEMBER 7, 2021

Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration.

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Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. 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!

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. You can subtract items from the old registration.

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Indiana Intellectual Property Law

JULY 28, 2022

LVB has a federal trademark registration, with the USPTO , for the word mark GENESIS under Registration No. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C.

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Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. There is a wide range of places to search when it comes to trademark clearance.

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Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA applied for a Federal Trademark registration under Application Serial No. Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. PUMA North America Inc.

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IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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IP Intelligence

JUNE 20, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. are based on use, not registration.

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IP Intelligence

JUNE 19, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. are based on use, not registration.

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Cease and Desist Law Registering Trademarks Branding 52

LexBlog IP

AUGUST 17, 2023

Before you spend time and money marketing under that business name, you need to make sure it is legally a great name, one you can feel confident in using without running into an unexpected cease and desist request or trademark infringement litigation and the potential catastrophe of forced rebranding on a short time scale.

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LexBlog IP

JUNE 20, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. are based on use, not registration.

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Cease and Desist Law Registering Trademarks Branding 52

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Trademark Protection in the Metaverse .

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Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C. 1125(a).

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LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. ” 15 U.S.C. §

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Intepat

JUNE 5, 2023

Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. Background In 2018, PhonePe sent a cease and desist notice to the Defendant, requesting that they cease using the brand name with the ‘Pe’ component written in the Devanagari script.

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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. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”.

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Indiana Intellectual Property Law

AUGUST 6, 2021

From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos. Energy claims FTA promotes and provides its services using trademarks and trade dress that are confusingly similar to the Energy Marks and trade dress. Young and Magistrate Judge Matthew P.

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Cease and Desist Trademark Branding Brands 52

Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Domain names and trademarks. A domain name can be registered as a trademark if it is distinct and is capable of differentiating your website from others. Protecting brands.

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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

MARCH 28, 2023

If any readers have ever gotten in touch with OG+S regarding a potential trademark application, we have likely mentioned the possibility of doing a “preliminary screen” for your mark. This process, sometimes also referred to as a “knockout search”, helps trademark applicants get a sense of the field before they apply.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

The first case deals with the Commission’s issuance of a limited exclusion order and cease-and-desist order in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. Trademark Registrations. [1] 337-TA-1196). 337-TA-1196). Complaint, at 1. Int’l Trade Comm’n , 598 F.3d

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SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Image from here Kia Wang vs The Registrar of Trademarks & Anr. Emami Ltd.

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Patent Trademark Blog

MARCH 31, 2022

How to enforce trademarks inexpensively. Let’s start with trademarks. At the outset, register your trademarks for your more important products and services. Make sure to file your trademark applications properly. Don’t even think about being cheap when it comes to trademark registration.

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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. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.

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