IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 77

Registration Trademark Trademark Law Law 77

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Examining Attorney Julie Choe submitted dictionary definitions of "cosmetics" as well as a definition provided by the U.S. The Board concluded that Krete's goods fell within those definitions.

Designs 44

Designs Design Registration Ownership 44

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Well, they’re right, I can apply, but registration surely won’t be granted. That doesn’t mean you’re in the clear for ownership and registration, however.

Designs 52

Designs Design Trademark Copyright 52

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960).

Trademark 94

Trademark Registration Service Mark Registering Trademarks 94

The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

Cease and Desist 67

Cease and Desist Designs Design Copyright Infringement 67

Biswajit Sarkar Copyright Blog

JULY 29, 2022

The definition of mark under section 2(1)(m) in the Trademarks Act, 1999 includes “shape of goods” and “their packaging” and any combination of such shape or packaging with other things, fall within the plain and general meaning of the term ‘mark’ thereby making it an inclusive definition. . Registration of 3-D marks.

Trademark 52

Trademark Registration Designs Design 52

The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Is the overlap of different IP regimes genuinely problematic?

Reporting 62

Reporting Copyright Public Domain Law 62

The IPKat

SEPTEMBER 12, 2023

6, crafts and industrial products will be protected under a system equivalent to protected geographical indications (PGI), instead of protected designations of origin (PDO). A two-phase registration The registration procedure will consist of two phases (art. A PGI-like scheme According to art.

Art 131

Art Registration Journalism Intellectual Property 131

The IPKat

DECEMBER 4, 2023

17152851 ) and ‘TEAM UK’ (IR designating the EU no. Likewise, the EUIPO refused registration of the mark ‘TEAM USA’ for typical merchandise products. Background On 17 February 2022, the United States Olympic and Paralympic Committee (‘USOPC’) designated the EU in its IR no. 17152851 ‘TEAM SERBIA’ and IR designating the IR no.

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Registration Designs Design Art 67

The IPKat

SEPTEMBER 22, 2023

Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP. The work also described the registration process of patents in Nigeria, subsistence and exploitation of patents, and infringement of patents.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

The IPKat

MARCH 14, 2024

This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute. GMC denied the assertions as false. They both signed off as the executive producers of the movie.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

43(B)log

DECEMBER 6, 2023

Hy-Vee counterclaimed for declaratory judgment that Williams’s copyright registration certificate for the mural is invalid because Williams knowingly provided inaccurate information to the Register of Copyrights when he filed his copyright registration application. Thus, VARA’s attribution right did not apply to the commercial.

Ownership 69

Ownership Contracts Copyright Registration 69

The IPKat

APRIL 30, 2024

Katarina explained that Craft GIs will be registered by three possible routes: Standard - the two-stage registration procedure, whereby Member States are the first recipients of the application, then the application is filed with the EUIPO. of the Craft GI Regulation, the same definition is placed in Recital 35 of the new AGRI GI Regulation.

Reporting 78

Reporting Law IP Intellectual Property 78

Erik K Pelton

AUGUST 18, 2020

And protecting the words alone means that all fonts, colors, designs, and uses of those words are covered in the scope of the trademark registration. And when the logo is creative and unique and a nice design, it is valuable to protect the logo separately. However, there are unique circumstances where that might not be the case.

Trademark 130

Trademark Social Media Branding Brands 130

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. The Court evaluated many definitions of “bad faith,” as it was not defined in Bill C-86, which introduced the new s.18(1)(e)

Trademark 115

Trademark Registration Designs Design 115

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

SpicyIP

JANUARY 4, 2023

For example, (Registration no. Meanwhile, (Registration no. This creates a contradiction with the definition of certification marks as given in the TM Act. This creates a contradiction with the definition of certification marks as given in the TM Act.

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Registration Designs Design Trademark 105

IP Intelligence

OCTOBER 10, 2023

26, 2023) (originally designated as precedential, then not), that alone will not overcome a surname refusal. In Weale, the applicant sought registration of WEALE for a variety of skin and body care products and cosmetics. Even though a surname may be rare, in In re Weale Care, LLC , Serial No. 90756950 (TTAB Sept.

Registration 52

Registration Trademark Branding Brands 52

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Petitioner claimed a first used date in 2008. Otto Roth , 640 F.2d

Law 52

Law Registration Designs Design 52

The TTABlog

MARCH 21, 2024

The combination of "Z" and "PILE" "immediately describes for construction project designers and construction companies a feature or characteristic of the goods, namely, that they are or pertain to the well-known 'Z' shape of sheet pile." that the goods at issue 'are Z-shaped piles.'"

Registration 62

Registration Designs Design Copyright 62

The IPKat

NOVEMBER 29, 2023

More specifically, the Court of Appeal considered the question whether the “TOUR DE FRANCE” trade mark had been infringed by the registration of a later trade mark. Hedrich registered the semi-figurative French trade mark "TOUR DE FRANCE A LA RAME" on 26 October 2016, designating classes 9, 12, 39 and 41. Hedrich, but to no avail.

Designs 73

Designs Design Registration Trademark 73

The TTABlog

SEPTEMBER 24, 2021

Applicant Weber State successfully relied on third-party use and registration evidence in arguing that ASCENT is a weak source indicator in the field of banking and financial services. The Services: Because the services recited in the registration are ambiguous (leasing?) In re Weber State Federal Credit Union , Serial No.

Registration 40

Registration Advertising Advertising Designs 40

SpicyIP

SEPTEMBER 11, 2023

Nidhi Raman, the learned Central Government Standing Counsel, to seek guidance from the Office of the Controller General of Patents, Designs, and Trademarks ( CGPDTM ) regarding the apposite manner of regulating such agents and submit them in the next hearing. Though his registration was later restored.

Government 105

Government Trademark Patent Patent Application 105

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 79

Trademark Registration Intellectual Property Intellectual Property Law 79

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

The TTABlog

NOVEMBER 7, 2023

Third-party registrations covering both headwear and one or more of opposer's goods, along with applicant's admissions, established the relatedness of the goods. Applicant submitted 72 live registrations for third-party marks incorporating the word METAL for clothing, in an effort to show the weakness of opposer's mark.

Registration 67

Registration Designs Design Marketing 67

The IPKat

JANUARY 19, 2024

Application process for EU protection of GIs for industrial and craft products The Regulation provides for a two-step application process for registration ( Art. Each Member State shall designate a competent authority for the national phase of the procedure ( Art. 7 of the Regulation ). 12 of the Regulation ). 9 of the Regulation ).

Art 70

Art Registration Law Designs 70

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023.

Due Diligence 81

Due Diligence Registration Government Technology 81

The TTABlog

JANUARY 13, 2023

The Board granted a petition for cancellation of a registration (issued in 2010) for the purported mark SMART WALLET for "wallets," on the ground of genericness. Significant evidence" convinced the Board that "wallets containing RFID blocking are referred to and understood by the public as 'smart wallets' —a sub-group of wallets."

Social Media 92

Social Media Technology Registration Designs 92

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property.

Settlement 52

Settlement Intellectual Property Registration Designs 52

IP Tech Blog

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims.

Trademark 57

Trademark Registration Designs Design 57