IP and Legal Filings

JUNE 9, 2022

There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. Registration thus provides legal benefits and protection as well as special exclusive rights to the proprietor of the registered IPR.

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Registration Designs Design Trademark 65

LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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Registration Designs Design Intellectual Property 40

Patent Trademark Blog

FEBRUARY 26, 2024

How to Design Patent the Appearance of Clothing Does your article of clothing have some unique 3-dimensional features? To protect the appearance of an article of clothing with such unique features, consider filing design patents. Patent agents cannot file trademark applications.

Branding 52

Branding Brands Branding Trademark 52

Indiana Intellectual Property Law

APRIL 26, 2024

Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®. Swim USA asserts that it has diligently pursued protection for its intellectual property through design patents and trademark registrations.

Branding 52

Branding Brands Branding Trademark 52

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. Apple v Samsung changed perceptions.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

The TTABlog

MARCH 5, 2024

JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. indicates that the design is not de jure functional. The Board found that JM4's design patents covered designs that were not identical to the proposed mark. "To Welch 2024.

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Design Patent Designs Design Trademark 70

Patently-O

JANUARY 22, 2024

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. The first one (and only one on the docket) is the important design patent obviousness case of LKQ v.

Design Patent 62

Design Patent Government Designs Design 62

The IPKat

MARCH 29, 2024

The second case concerned the trade marks registrations of some iconic Welsh words by a Welsh company. The rights holder finally opted for the withdrawal of said trade marks registrations (even if accepted by the UKIPO) after the negative public perception caused by a backlash from social media (see The IPKat here ).

Intellectual Property 62

Intellectual Property Social Media Reporting Registration 62

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.

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Designs Design Copyright Design Patent 73

Patent Trademark Blog

MAY 11, 2022

File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product. Another option may be to argue that the accused similarities relate to non-protectable features.

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Design Patent Designs Design Registration 52

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. TrademarkNow’s AI image recognition engine is recognized as the longstanding industry leader.

Designs 59

Designs Design Registration Trademark 59

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. -

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Design Patent Advertising Advertising Designs 89

LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. THC also owns a California state trademark registration for its WHAM! Federal trademark registration provides nationwide rights. Registration also provides for the potential to recover significant damages.

Intellectual Property 52

Intellectual Property Registration Trademark IP 52

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. To register a design patent, your game’s design must be novel and non-obvious.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA applied for a Federal Trademark registration under Application Serial No. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283. PUMA North America Inc.

Patent Infringement 52

Patent Infringement Cease and Desist Trademark Design Patent 52

LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] 1] See [link]. [2] 2] See , [link].

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Designs Design Patent Prosecution Intellectual Property 40

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. However, suppose the designer chooses only to follow Section 15 of the copyright registration procedures and implements this registration for his use. Registration–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

IP and Legal Filings

AUGUST 27, 2022

To satisfy the basic requirement of gaining a design patent, the applicants must truly depict that the design must be for an article of manufacture or it must be embodied in such an article of manufacture. The difference between a mere picture and a design patent is simply the embodiment of design in an “article of manufacture”.

Design Patent 52

Design Patent Designs Design Technology 52

Patently-O

OCTOBER 8, 2021

36 Judgment without any opinion (the original complaint included some design patents as well). 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration. On appeal, the Federal Circuit affirmed in a R.36 Supreme Court, asking two questions: 1.

Trademark 135

Trademark Registering Trademarks Licensing Design Patent 135

LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Designs Design Intellectual Property Intellectual Property Law 40

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

Patent Trademark Blog

MAY 15, 2023

Why Amazon Brand Registry Matters to Patent Owners Amazon sellers who own patents will want to take full advantage offered by Amazon Brand Registry for enforcing utility patents and handling design patents. Or, do you search trademark registrations before adopting a brand name? Then incorporate.

Branding 97

Branding Brands Branding Trademark 97

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 109

Design Patent Designs Design Graphic Design 109

LexBlog IP

DECEMBER 17, 2021

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. — TTABlog (@TTABlog) December 17, 2021. — TTABlog (@TTABlog) December 15, 2021.

IP 52

IP Ownership Design Patent Designs 52

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Trademark Registration. Utility and Design Patents. Patents are probably the most confusing aspect of intellectual property, and justifiably so.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Protection of a design–.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Patent Trademark Blog

JANUARY 12, 2023

As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled.

Patent 98

Patent Patent Application Registration IP 98

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration.

Designs 52

Designs Design Design Patent Advertising 52

LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. Patent No.

Litigation 52

Litigation Patent Design Patent Patent Application 52

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

Designs 52

Designs Design Intellectual Property Registration 52

The TTABlog

NOVEMBER 28, 2022

"This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e., a trademark) and there is a different varietal designation, the term may be registrable." The Board brushed aside applicant's patently erroneous assertion that because its prior registration is "incontestable" [i.e.,

Trademark 52

Trademark Registration Designs Design 52

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

Designs 74

Designs Design Cease and Desist Design Patent 74

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022.

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Designs Design Design Patent Inventor 67

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office.

Designs 52

Designs Design Registration Design Patent 52

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment. Registration No. Registration Date. OPTISELECT. May 16, 2017.

Trademark 52

Trademark False Advertising Patent Registration 52

IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Among the patents were a ring, pendant and necklace with the panther design.

Designs 52

Designs Design Copyright Artistic Work 52

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Trademark Registration. Utility and Design Patents. Patents are one of the most confusing types of IP law, and justifiably so. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52