The TTABlog

JUNE 30, 2023

Yes] TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out? [Yes] Yes] TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out? Yes] TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out? E-mail subscriptions to the TTABlog are available.

Ownership 58

Ownership Registration Designs Design 58

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

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] & Design" for Beer? Guess What?

Cinema 68

Cinema Registration Trademark Reporting 68

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? E-mail subscriptions to the TTABlog are available.

Registration 58

Registration Designs Design Trademark 58

The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 71

Designs Design Television Ownership 71

The TTABlog

JULY 2, 2021

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. Apple, Inc.

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). I call it “ New TESS ” and show you how to use “Advanced Searches” in plain English. AND, OR, AND NOT).

Registration 52

Registration Designs Design Trademark 52

SpicyIP

MARCH 13, 2023

Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law? Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

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. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

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. The court granted summary judgment against Latinfood on the counterclaims, and gave partial victories to both sides on the main claims.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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. ” More than 100 comments were submitted.

Government 147

Government Business Trademark Blogging 147

SpicyIP

SEPTEMBER 6, 2021

Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. The End of the IPAB and Lessons on Concentration of Judicial Powers. Other Developments.

Designs 113

Designs Design Inventor Trademark 113

The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system.

Reporting 57

Reporting Law IP Patent 57

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 These updates will have implications for trademark holders in various classes, with a special emphasis on Class 3. trademark holders to stay updated.

Trademark 52

Trademark Intellectual Property Editing Registration 52

LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. Trademark Trial and Appeal Board can be $75,000 or more, less than 5% of trademark cancellation and opposition proceedings before the TTAB reach a decision on the merits. Trademark Trial and Appeal Board (TTAB) is limited to deciding issues of registration only.

Trademark 52

Trademark Settlement Registration Litigation 52

43(B)log

FEBRUARY 23, 2024

But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines.

Registration 59

Registration Branding Brands Branding 59

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. Formal Requirements (Article 3).

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

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

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. 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. So what is IP exactly?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

OCTOBER 31, 2022

He alleged trademark and related claims based on CasperLabs’ use of the name. Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021.

Registration 59

Registration Trademark Ownership Marketing 59

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? What is a Supplemental Register Trademark?

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

azrights

OCTOBER 27, 2021

People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and are thus easier to confuse: Brew nuts v. Beer Nuts, Bulls’ Eye v. Ingredients v.

False Advertising 49

False Advertising Contracts Branding Brands 49

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. How do you protect a website? There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Trademarks give you a wide scope of protection so that Nike could have prevented a competitor developing an icon that was similar to its own swoosh logo.

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

JULY 28, 2021

The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020 [ TTABlogged here ], dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design (shown below) for various alcoholic beverages. GSH Trademarks Limited v.

Registration 40

Registration Reporting Designs Design 40

43(B)log

FEBRUARY 24, 2024

Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). We like how they sort us/how we get to identify with them? Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 19, 2022

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. This is unsurprising: Rogers itself was based on an opposition between “artistic expression” and “commercial speech.”

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Kevin is a second-year law student at NLSIU Bangalore. The High Court having territorial jurisdiction over the appropriate office of the trademark registry.

Trademark 105

Trademark Intellectual Property Designs Design 105

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. Advances in science and technology, as well as business innovations have transformed the economy, making way for new industries and modern ways of doing business.

IP 40

IP Intellectual Property Branding Brands 40

The TTABlog

JANUARY 2, 2024

Yes] Lack of Actual Actual Confusion Leads to Dismissal of FICO Challenge to FIDO for Fraud Prevention Software and Services TTABlog Test: Are these Two Design Marks Confusable (for Rice)? E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz.

Registration 71

Registration Designs Design Reporting 71

LexBlog IP

SEPTEMBER 29, 2022

I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. There’s no roar quite like a Nittany Lion’s!

Trademark 52

Trademark Registration Music Intellectual Property 52

The TTABlog

OCTOBER 2, 2023

27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] Precedential No.

Reporting 63

Reporting Trademark Registration Designs 63

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

Registration 105

Registration Trademark Copyright Music 105

SpicyIP

APRIL 30, 2023

from the National Law School of India University, Bengaluru. Discussing the Relevance of the Responses Filed Against FERs Issued by Trademark Registry Image from here Is FER and its Reply relevant after a mark is registered? [ This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Especially from different High Courts?

Confidentiality 105

Confidentiality Trademark Copyright Patent 105

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. Or is it just the messiness of common law adjudication + rapid tech change? Is merchandising really the outlier or is it now really the model of TM law.

Trademark 49

Trademark Branding Brands Branding 49