Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action. Introduction. On January 6, 2022, the U.S. Discussions.

Patent Prosecution 246

Patent Prosecution Patent Application Government Patent 246

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?

Designs 52

Designs Design Trademark Copyright 52

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017.

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Designs Design Law Trademark 70

IP Tech Blog

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. Custom applications and trainings Fighting counterfeiters on a global basis will require strong relations with customs offices worldwide.

Branding 101

Branding Brands Branding Social Media 101

Plagiarism Today

AUGUST 16, 2022

The lawsuit was filed by the local broadcaster Mediaset, which claimed that Vimeo failed to take action against some 2,000 infringing videos they reported on the service. Piaggio has long claimed that Kumpan’s electric scooter is both a copyright and a trademark infringement of their design. million ($8.64

Fair Use 206

Fair Use Copyright Infringement Plagiarism Intellectual Property 206

LexBlog IP

AUGUST 31, 2021

. – a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. 52 USPQ2d 1628, 1631 n.4 4 (TTAB 1999).

Advertising 52

Advertising Advertising Designs Design 52

Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action. Introduction On January 6, 2022, the U.S.

Patent Prosecution 130

Patent Prosecution Patent Application Government Patent 130

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.

Designs 52

Designs Design Trademark Branding 52

Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The legal action c laimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional.

Patent Prosecution 52

Patent Prosecution Patent Designs Design 52

IP Watchdog

AUGUST 10, 2021

Patent and Trademark Office (USPTO) Director Michelle Lee, and a number of other former USPTO officials, for allegedly depriving the plaintiffs “of their valuable property rights in quasi-judicial administrative proceedings before the USPTO’s Patent Trial and Appeal Board (‘PTAB’).”

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Patent Designs Design Trademark 132

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. But is it possible for a trademark to degenerate in such a short period of time into a generic term?

Cease and Desist 76

Cease and Desist IP Trademark Designs 76

LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. ” Some of THC’s intellectual property include designs of the terms WHOA!, THC also owns a California state trademark registration for its WHAM! trademark on the packaging of its cannabis products.

Intellectual Property 52

Intellectual Property Registration Trademark IP 52

SpicyIP

MARCH 12, 2024

The troubles for the Office of the Controller General of Patent, Designs, and Trade Mark (CGPDTM) just don’t seem to end anytime soon. Apparently, the trademark registry’s website has been malfunctioning a bit too often since late 2023.

Trademark 59

Trademark Intellectual Property Designs Design 59

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

The IPKat

APRIL 30, 2024

If the discussion around unification leaves a somewhat bitter taste in some then the blame should be put on these two main factors: the chosen harmonization instrument, namely directives, and the actions taken (or not taken) by member states. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?"

Reporting 62

Reporting Copyright Public Domain Law 62

SpicyIP

FEBRUARY 8, 2024

Pragya Singh and Lakshita Handa are Research Fellows with the Legal Design and Regulation team at Vidhi Centre for Legal Policy. Rationality and Actionability Employing a SARAL approach to analyse the TM Amendment Rules must first trace the genesis of the rules and contextualise the purpose behind their formulation.

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Publishing Law Business Government 104

IP Watchdog

SEPTEMBER 20, 2021

Patent and Trademark Office (USPTO) is designated as at least one “final” office action (which typically occurs when the office action is at least a second office action issued after filing), the applicant has the opportunity to engage with a different decision-maker.

Designs 69

Designs Design Trademark Patent 69

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 62

Law Designs Design Trademark 62

Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. In this 60-minute webinar, designed for in-house counsel, we discussed how to identify and address ethical issues to guard against potentially irreversible consequences. Ethical duties are paramount in any legal practice.

Advertising 75

Advertising Advertising Trademark Copyright 75

The IPKat

SEPTEMBER 23, 2022

The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21 ). In 2011, Monz Handelsgesellschaft International (design owner) registered a national design for “saddles for bicycles or motorbikes” at the German Patent and Trademark Office (DPMA).

Designs 57

Designs Design Law Art 57

Olartemoure Blog

SEPTEMBER 22, 2022

It is not so common, but… When trying to register trademarks in Colombia, the most common thing people and companies do is use the Latin alphabet , although it is possible to register trademarks that are typed in other writing systems. Has the colombian trademark office (CTO) mentioned something regarding this topic?

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Registering Trademarks Trademark Intellectual Property Registration 98

Plagiarism Today

DECEMBER 6, 2021

However, they allege that Shopify has failed to take adequate action against such sites and allowed them to run rampant over the past few years. All totaled, the plaintiffs are seeking up to $150,000 for each infringed copyright and $2 million for each infringed trademark. Copyright Office.

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Publishing Copyright Infringement Copyright Trademark 281

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

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. The Controller General Of Patents, Designs & Trade Marks & Anr. ( Via order dt. Views expressed here are those of the author’s.

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Trademark Reporting Contracts Registration 102

SpicyIP

OCTOBER 27, 2023

These unethical UI/UX interactions mislead users to perform actions they don’t want, benefiting the company or platform. Forced action is when a company forces consumers to take an action they wouldn’t otherwise, such as signing up for ancillary services or products. Example: ‘No thanks, I hate saving money’ 5.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

Trademark 97

Trademark Registration Graphic Design Designs 97

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

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 85

Trademark Branding Brands Branding 85

Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. A design patent application has an approximately 86% chance of approval. In contrast, a typical design application may sail through an allowance without any Office Actions. How to respond to design patent rejections. Will your patent be rejected?

Patent Application 52

Patent Application Patent Design Patent Art 52

Patent Trademark Blog

MARCH 6, 2024

Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications. Design or utility patent? It may help to pursue design patents on any nonfunctional ornamental features of your medical device. Explore filing design patent applications on such visual features.

Patent Application 52

Patent Application Patent Art Design Patent 52

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

LexBlog IP

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. Custom applications and trainings Fighting counterfeiters on a global basis will require strong relations with customs offices worldwide.

Branding 52

Branding Brands Branding Social Media 52

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

IPilogue

AUGUST 18, 2022

Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage. Previously, a recognized trademark may appear on product packaging or public signage exclusively in a language other than French.

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Trademark Law Registering Trademarks Government 105

SpicyIP

FEBRUARY 7, 2024

Would you mix up these two labels: Officers choice and Peace Maker? Finding these competing labels to be similar, the Delhi High Court (DHC) recently gave Allied Blenders an interim injunction against Hermes Distilleries following claims of trademark infringement of their label in Allied Blenders & Distillers (P) Ltd. image below).

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Copying Trademark Branding Brands 64

Indiana Intellectual Property Law

MARCH 28, 2023

for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. alleges that the Defendants are infringing on their trademarks by using similar names and designs on their fireworks products. has registered numerous trademarks with the United States Patent and Trademark Office (USPTO).

Intellectual Property 52

Intellectual Property Branding Brands Branding 52