The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. Cancellation No. Honeywell Safety Products USA, Inc.

Registration 68

Registration Advertising Advertising Designs 68

Sander Law

JULY 20, 2022

Differences Trademark Registration in US and Canada. The process of registering a trademark in the US is slightly different than in Canada. The following are some differences in the trademark registration process between the two countries. US - In the US, you need to indicate a filing basis in the trademark application.

Registration 97

Registration Trademark Copying Law 97

43(B)log

SEPTEMBER 7, 2021

Chunma’s motion to dismiss the cancellation claims was denied. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

The IPKat

DECEMBER 12, 2021

The new guidelines cover topics such as formality examination and procedures for trade mark applications, oppositions, declarations of invalidity, cancellations, classification of goods and services, examination of applications for change of trade mark ownership, trade mark renewal and other procedural issues. PATENTS Prof.

Blogging 115

Blogging IP Reporting Intellectual Property 115

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO).

Trademark 52

Trademark Registration Designs Design 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., First, this decision is the latest in an ongoing saga focused on two globally valuable Cuban trademarks: COHIBA for cigars and HAVANA CLUB for rum.

Registration 78

Registration Trademark Law Trademark Branding 78

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Cancellation No.

Registration 52

Registration Advertising Advertising Copying 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

The IPKat

MAY 5, 2023

According to the Trademarks, Patents and Designs Registry , one would receive an acknowledgement of filing of an application immediately upon making/filing an application for trade mark registration. The Tribunal also made an order cancelling the acceptance notice earlier issued to Njemanze. Given the wording of s.22,

Registration 121

Registration Ownership Copyright Trademark 121

TorrentFreak

AUGUST 30, 2022

According to the claim, the restaurant copied a wide variety of copyrighted materials without permission. After JMC failed to confirm that the event would be canceled, Paramount decided to take the matter to the Copyright Claims Board. Instead, they announced plans to open a new McDowell’s in Springfield from May 20 to June 5.

Copyright 139

Copyright Copying Intellectual Property Branding 139

SpicyIP

DECEMBER 15, 2023

A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. Previously, the exams were canceled just a day after they were conducted, owing to unspecified “ irregularities/ technical reasons ”. for appointment to the post.

Patent 59

Patent Higher Education Designs Design 59

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark 105

Trademark Intellectual Property Registration 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. Its cancellation petition for Zenú has been suspended during this litigation. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

Trademark 85

Trademark Branding Brands Branding 85

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. Meenaxi Enterprise, Inc.

Registration 98

Registration Marketing Marketing Branding 98

LexBlog IP

JULY 27, 2023

Patent and Trademark Office (“Office”) will accept color drawings in utility patent applications only after granting a petition filed explaining why the color drawings are necessary. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.

Patent Application 52

Patent Application Patent Invention Copying 52

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. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

The TTABlog

JANUARY 25, 2022

to “Thus, the issue for likelihood-of-confusion or descriptiveness purposes is typically whether the challenger and registrant compete in the same line of business and failure to cancel an existing mark, or to refuse registration of a new mark, would be likely to cause the opposer competitive injury.” Read comments and post your comment here.

Registration 76

Registration Business Copying Trademark 76

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? 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? Accordingly, the patent owner or trademark owner becomes the defendant in a DJ action. Should you send a C&D letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

LexBlog IP

NOVEMBER 3, 2023

. (“Trader Joe’s”), the popular grocery store chain, recently filed suit against crypto trading platform Trader Joe (“Trader Joe”) and its developers for allegedly violating its rights in the TRADER JOE’S trademark. A copy of that publication is below. Source: Compl. 2:23-cv-8395 (C.D.

Social Media 52

Social Media Intellectual Property Trademark Copying 52

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. Use e-filing.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

IP Intelligence

SEPTEMBER 22, 2021

17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. Patent & Trademark Office (the “Trademark Office”) to obtain the registration.

Registration 52

Registration Trademark Litigation Copying 52

LexBlog IP

SEPTEMBER 22, 2021

17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 1997, Beasley obtained a New Jersey state trademark registration for THE EBONYS. In Beasley v.

Registration 52

Registration Litigation Trademark Copying 52

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Decisions from Indian Courts. Bombay High Court.

Designs 113

Designs Design Inventor Trademark 113

Selvam & Selvam Blog

SEPTEMBER 7, 2023

failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their failure to renew it in 1977 proved to be a mistake as it enabled N.R. WELL-KNOWN TRADEMARK – WHAT IS IT?

Trademark 52

Trademark Registration Intellectual Property Business 52

SpicyIP

OCTOBER 27, 2023

Example: When opt-out/ unsubscribing services are hidden or require multiple steps to arrive at the cancellation page. Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP and Legal Filings

APRIL 28, 2022

For the issue of reverse passing, it held that, “West did not simply copy OTR’s intellectual property but passed off genuine OTR products as his own, so we affirm the judgment holding him liable for reverse passing off”. Reducing the evidentiary burden of the trademark owner and resolving the circuit split.

Registration 52

Registration Trademark Intellectual Property IP 52

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. My product was copied and I haven’t registered it. How do you protect a website?

Blogging 52

Blogging IP Advertising Advertising 52

The TTABlog

JULY 28, 2023

In a 46-page Order, the Board denied Petitioner Zuru LLC's motion for sanctions and for further discovery in this cancellation proceeding based on the alleged genericness of the mark LEGO for toy building blocks. Lego Juris A/S , Cancellation No. Zuru LLC and Zuru Inc.

Publishing 40

Publishing Copying Trademark Litigation 40

IP and Legal Filings

JULY 8, 2022

Illegally copying the registered design is punishable by imprisonment or fine. A certified copy of the priority document in case claimed. Copy of the commercial certificate document is required. The design must be original and, again, must conform to Oman’s standards of decency, in order to enjoy protection. Filing requirements.

Registration 69

Registration Designs Design Copying 69

SpicyIP

MAY 18, 2023

It required the supervision and persistence of a number of Delhi High Court staff to review true copies of the files received from the IPAB to complete the case files. Until then, here is our (although limited, but freely accessible) back up copy of the IPAB orders. More than 200 original Trademark application cases were disposed of.

Reporting 103

Reporting IP Trademark Copying 103

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

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

Trademark 84

Trademark Branding Brands Branding 84

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. Applicant introduced the testimony declaration of its owner.

Trademark 52

Trademark Branding Brands Branding 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. Use e-filing.

Trademark 52

Trademark Intellectual Property Intellectual Property Management Government 52

LexBlog IP

SEPTEMBER 15, 2021

Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Trademarks that are distinctive, and therefore eligible for protection in one country, may have a generic meaning and therefore not be registrable or enforceable in another. Background.

Trademark 52

Trademark Registration Branding Brands 52