SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Representation of the shape marks is shown below: Ferrari’s Trademark Loss.

Trademark 105

Trademark Intellectual Property Registration Designs 105

Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. The post Can QR Codes Be Trademarked? Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

Trademark 52

Trademark Intellectual Property Branding Brands 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. Unlike the TLT, the Singapore Treaty applies generally to all marks that can be registered under the law of a Contracting Party. Introduction.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Interestingly, the same has also been raised earlier by Prashant , Aparajita , and Praharsh.

Government 105

Government Trademark Patent Patent Application 105

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

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. The label in question was designed by an employee of SK Oil Industries. It further added that an individual could either own a registered trademark or copyright but not both.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse.

Trademark 57

Trademark Branding Brands Branding 57

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

The TTABlog

JANUARY 26, 2023

I often cringe at use of the word "trademark" as a verb, and Bob's article explains what the problem is. The Most Important Trademark Fact You Probably Don’t Know Client: “I’ve been in business for a couple of years now, and I want to trademark my company’s name.” Trademark Lawyer: “What do you mean you want to ‘trademark’ it?”

Trademark 62

Trademark Registration Trademark Law Business 62

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Why you need new trademark registrations now. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 52

Trademark Branding Brands Branding 52

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? Some choose to register shapes because they are fast, visual source identifier s.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

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.

Social Media 52

Social Media Branding Brands Branding 52

azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. And maybe rather than buying just a laptop, we bought a MacBook because we wanted that good design and simplicity that Apple offers. So, let’s look at trademarks now. The Meaning of Brand. It distinguishes one product or service from another.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 82

Law Branding Brands Branding 82

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unique status is particularly emphasized through the avenue of Trademark registration, underscoring its distinct position within the framework of legal protection. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. on Amazon or elsewhere) or otherwise publicizing the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Intepat

MAY 24, 2023

More and more countries have signed up to this unique international trademark registration system. Administered by the World Intellectual Property Organization (WIPO), the UN-specialized agency based in Geneva, the Madrid System has helped businesses register and protect over a million marks worldwide.

Registration 52

Registration Trademark Intellectual Property Reporting 52

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 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

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

Trademark Law 105

Trademark Law Trademark Law Branding 105

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

Designs 52

Designs Design Trademark Cease and Desist 52

Kashishipr

SEPTEMBER 14, 2022

The courts in India protect barcodes and QR codes under the Trademark Law. The plaintiff also had a Trademark Registration certificate for the barcode with a pictorial design and ‘890’ therein in class 35 concerning certification services. Needle Industries (India) Pvt.

Intellectual Property 52

Intellectual Property Registration Trademark Trademark Law 52

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 72

Trademark Registering Trademarks Trademark Law Branding 72