LexBlog IP

SEPTEMBER 29, 2023

The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s PIM’s watermelon-colored wedge trademark looks like this: PIM used the trademark in connection with Sour Jacks Wedges, of which the original version is watermelon flavored. The defendant, Haribo of America Inc. PIM appealed.

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Designs Design Branding Brands 52

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Precedential No.

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Designs Design Registration Trademark 57

IP and Legal Filings

JULY 8, 2022

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Deed of assignment if the applicant is not the designer.

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Registration Designs Design Copying 68

IP Law 360

JANUARY 17, 2024

The Trademark Trial and Appeal Board has thrown out a bid from The Men's Wearhouse to cancel a trademark on a design related to various travel and bag apparel, noting it was moot since the registration had technically lapsed by the time the bid was filed.

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Registration Designs Design Trademark 52

The TTABlog

JANUARY 29, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled two oral hearings for the month of February 2024. [It Bull Creek Brewing, LLC , Cancellation No. It is a short month]. Both hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.

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Registration Designs Design Trademark 67

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

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Designs Design Trademark Copyright 52

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. As a result, Ferrari’s mark was cancelled concerning vehicles due to non-use but remains valid for toy cars.

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Editing Law IP Designs 105

LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. The United States Patent and Trademark Office (USPTO) has announced a number of show-cause orders and exclusion orders issued by the Commissioner for Trademarks. Design Iconix. Design Logo USA. Designing Territory.

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Designs Design Trademark Branding 52

The TTABlog

SEPTEMBER 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. Jacobson & John LLC , Cancellation No. Laurent Colasse , Cancellation No. Laurent Colasse , Cancellation No. Briefs and other papers for each case may be found at TTABVUE via the links provided.

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Registration Designs Design Trademark 67

Patent Trademark Blog

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Afterwards, you file a Madrid application designating multiple foreign countries. Not exactly.

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Registering Trademarks Trademark Registration Blogging 52

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] No] TTABlog Test: (No WYHAs Here!) How Did These Three Recent Section 2(d) Appeals Turn Out?

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Service Mark Designs Design Ownership 82

IPilogue

OCTOBER 21, 2022

On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

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Trademark Branding Brands Branding 104

IP Law 360

JULY 14, 2022

In the first half of 2022, the Federal Circuit held that Coca-Cola failed to show reputational injury to justify canceling a smaller rival's trademarks on the same names of popular Coke sodas sold in India, while the Trademark Trial and Appeal Board found that a popular bamboo handbag was generic based on the fashion designer's public statements.

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The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. Cancellation No. referred to as the "Ridge Designs").

Registration 68

Registration Advertising Advertising Designs 68

JD Supra Law

JUNE 27, 2023

Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. On June 5, 2023, Judge Engelmayer (S.D.N.Y.) dismissed Plaintiffs' infringement claims against Defendants. After the U.S.

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Design Patent Patent Designs Design 52

The TTABlog

MAY 7, 2024

Trademark Rule 41(a)(1) provides that "In appropriate cases, ownership of one or more active prior registrations on the Principal Register. Turning to the articles submitted by applicant, the Board pointed out that they deal with collaborations between fashion designers and alcoholic beverage brands. Casagrande). In re Rogers , Ser.

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Registration Branding Brands Branding 62

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO).

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Trademark Registration Designs Design 52

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Precedential No. Guess What?

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Registration Designs Design Trademark 70

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 48

The TTABlog

OCTOBER 3, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten oral hearings for the month of October 2023. Kenneth Harris Hyman , Cancellation No. Chehade , Cancellation No. Seven of the hearings will be held via video conference; three will be "In Person," as indicated below. October 12, 2023 - 2 PM: Hoodrich Ltd v.

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Registration Designs Design Business 67

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

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Registration Trademark Advertising Advertising 52

The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. Read comments and post your comment here. Welch 2022.

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Designs Design Registration Licensing 44

The TTABlog

FEBRUARY 7, 2022

In a nonprecedential disposition, the CAFC upheld the TTAB's decision [pdf here ] granting a petition for cancellation of a registration for the mark ETHIK CLOTHING CO. & Design for various clothing items. The Board deemed confusion likely with the mark ETHIKA for overlapping clothing items. Text Copyright John L. Welch 2022.

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Designs Design Registration Trademark 57

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

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.

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Trademark Intellectual Property Registration Designs 105

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

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Trademark Branding Brands Branding 52

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. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

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Trademark Intellectual Property Designs Design 105

The TTABlog

JUNE 30, 2023

TTABlog Test: Is CLAIM WATCHER Confusable With CLAIM WATCH & Design for Certain Insurance Claim Services? [No] TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services? [No] No] TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?

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Ownership Registration Designs Design 57

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. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 105

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. Who was the competent authority that directed the cancellation of the exams?

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Patent Higher Education Designs Design 59

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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Trademark Cease and Desist Registration Patent Application 52

JD Supra Law

DECEMBER 1, 2021

Fashion brand Thom Browne has taken its trademark battle with Adidas overseas, urging a London court to cancel more than 20 of Adidas’s U.K. trademarks for its three-stripe design. This suit is part of an ongoing dispute between the brands that has spanned the globe for more than three years. By: Arent Fox

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Trademark Branding Brands Branding 52

SpicyIP

OCTOBER 27, 2023

Example: When opt-out/ unsubscribing services are hidden or require multiple steps to arrive at the cancellation page. Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement.

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Intellectual Property False Advertising Designs Design 52

43(B)log

SEPTEMBER 7, 2021

Chunma’s motion to dismiss the cancellation claims was denied. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

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False Advertising Registration Trademark Registering Trademarks 59

The TTABlog

JANUARY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. Knuckle Sandwich LLC , Cancellation No. Knuckle Sandwich LLC , Cancellation No. Cancellation No. Briefs and other papers for each case may be found at TTABVUE via the links provided. Haas Outdoors, Inc.

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Television Registration Art Designs 57

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

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Branding Brands Branding Marketing 52

The TTABlog

AUGUST 3, 2022

Pet Go Round of Greensboro , Cancellation No. The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Natural Dog Acquisition LLC v. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Respondent established a first use date of December 2013. Universal Foods Corp.,

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Law Registration Designs Design 52