Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. An applicant is required to address all these objections and rejections in one response.

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Patent Prosecution Patent Application Government Patent 246

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. All patentable inventions should follow three main criteria: novelty, inventive steps, and industrial applications.

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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.

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IP Tech Blog

MARCH 7, 2024

However, reconciling the EU trade mark regulation (the “ EU TM Regulation ”) with the applicable national laws on “ rights in rem ” is not always straightforward, especially when the EU trade mark owner is located outside the EU. For the granting of the mortgage, the valuation of the relevant EU trademark(s) is required.

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Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. An applicant is required to address all these objections and rejections in one response.

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Patent Prosecution Patent Application Government Patent 130

LexBlog IP

MARCH 7, 2024

However, reconciling the EU trade mark regulation (the “ EU TM Regulation ”) with the applicable national laws on “ rights in rem ” is not always straightforward, especially when the EU trade mark owner is located outside the EU. Consequently, it is relatively expensive compared to other legal frameworks.

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Trademark Intellectual Property Registration Journalism 52

IP Tech Blog

NOVEMBER 25, 2022

Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. These costs and delays often dissuade plaintiffs from ever bringing well-based claims. Jiaxing Micarose Trade Co. , Background.

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IP and Legal Filings

MARCH 13, 2023

Introduction The Controller General Of Patents Designs & Trade Marks is chief official responsible for facilitating the patent system in India. In light of these facts, the Hon’ble judge made the following observations: There is no ambiguity in the wordings of Section 36E of the trademark act, 1999.

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LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Pre-application. Trademark Intake Form. Trademark Search. Application Drafting. Trademark Application Preparation.

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Trademark Registration Intellectual Property Registering Trademarks 52

LexBlog IP

JANUARY 13, 2022

In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed.

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SpicyIP

JULY 13, 2023

In its roundtable conference held in December last year, the IPQC had collectively raised questions concerning the functioning of the EPO, along with claims stating that priority was given to how quickly the patents were granted and on internal efficiency but at the cost of thorough search and examination. In Agfa NV & Anr.

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LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Generally speaking, patenting an invention requires filing a patent application with the United States Patent and Trademark Office (USPTO). Below is helpful information about patenting an invention.

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LexBlog IP

NOVEMBER 25, 2022

Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. These costs and delays often dissuade plaintiffs from ever bringing well-based claims. In San Antonio Winery, Inc. Jiaxing Micarose Trade Co. , Jiaxing Micarose Trade Co. ,

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Trademark Registration Designs Design 52

Patently-O

DECEMBER 18, 2023

22-1843, a trademark applicant is opposing the USPTO requirement that all applicants must disclose their domicile address. Licensed Attorney for Foreign Trademark Applicants and Registrants, Final Rule, 84 Fed. The key trademark statute followed by the USPTO is the 1946 Lanham Act. See Requirement of U.S.

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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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Branding Brands Branding Registration 40

LexBlog IP

MAY 8, 2023

Gaming has even helped drive sound, graphics, control, and processing innovations in personal computing. Trademark clearance: An important, money-saving process to provide certainty that no one else previously registered the same concepts. Trademark application – U.S. Design patent filing – U.S.

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Intellectual Property Cease and Desist IP Litigation 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Additive manufacturing, also known as 3D printing, is the technique of creating three-dimensional solid items from a computer file. Using 3D printed software or a 3D scanner, the object to be printed is digitally formatted in the digital file. Computer-aided design (CAD) files are the most common type of digital file.

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IP and Legal Filings

MAY 19, 2022

Trademark enables such companies to accomplish some major goals which lead to becoming successful organizations and instituting their name. Under this scheme, startups will receive an 80% discount on patent filing when compared to other businesses. This will aid them in cutting costs throughout the early years.

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Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. Novel innovations are protected by patents, but software codes, designs, or artistic components are protected by copyrights.

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LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. Jurisdiction.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers. WHY ARE INTELLECTUAL PROPERTY RIGHTS IMPORTANT FOR STARTUPS?

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JANUARY 14, 2022

Navigating Brand Protection and Trademarks for Social Media Influencers. In this article, we share best practices for social media influencers to protect their brand, reputation, and business through trademark registration and prudent use. Jump to: Trademark 101: How can a trademark protect a brand. Trademark Benefits.

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IP Tech Blog

APRIL 11, 2023

Our Content On April 18, 2023, the United States Patent and Trademark Office (USPTO) will transition away from sending paper patents, to an electronic patent grant ( eGrant ) system for all patent types (Utility, Design, Plant, and Reissue). The resulting blogs, and our commentary on them, follow. 35 U.S.C. § 35 U.S.C. §

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Inventor Copying Blogging Patent Application 57

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB’s decision should thus be reversed and, because the Timberland Boot Trade Dress is not de jure functional, TBL’s application should be approved for publication. TBL Complaint.

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Dragons' Den

MARCH 30, 2023

This process is not quick and can take several years before you receive a granted patent. It also costs money, so you need to make sure that the potential benefit of a patent will outweigh the time, effort and money it takes to get and maintain one. You can read more about these procedures on GOV.UK. What sets you apart?

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Business Invention IP Branding 98

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. You can find the application form here. Image from here.

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Patent Prosecution Invention Journalism IP 111

LexBlog IP

APRIL 11, 2023

Our Content On April 18, 2023, the United States Patent and Trademark Office (USPTO) will transition away from sending paper patents, to an electronic patent grant ( eGrant ) system for all patent types (Utility, Design, Plant, and Reissue). The resulting blogs, and our commentary on them, follow. ’’ 35 U.S.C. §

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Inventor Copying Blogging Patent Application 52

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

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Patently-O

APRIL 30, 2024

Patent offices prefer patent documents as prior art because they are drafted to meet the strict enablement standards and filed with sworn veracity statements. Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications.

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LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. The most time-sensitive of all filings are your patent filings.

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Intellectual Property Patent Application Invention Branding 52

Selvam & Selvam Blog

AUGUST 11, 2023

Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. The Trademarks Office (TMO) was directed to restore the Appellant’s application and to dispose of the same in an expeditious manner. In April this year, the Delhi HC in Blackberry Ltd v.

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LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. on Amazon or elsewhere) or otherwise publicizing the product.

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SpicyIP

JANUARY 29, 2024

Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement, and the Bombay High Court order on Pan cards. On the basis of the above reasoning, the court rejected the appeal.

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Music Intellectual Property Copyright IP 59

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Moreover, it champions inclusive growth, capitalizing on cost-effective labour and streamlined management structures for enterprises. Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property.

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Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. Impersonation ANPR; FTC File No. Comments of Erik M.

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LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Thematic Grant Cycles: The program opens calls for applicants based on different themes, allowing startups to apply for grants that align with their specific sector or innovation focus.

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