Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

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Registration Trademark Law Registering Trademarks 63

SpicyIP

AUGUST 14, 2023

Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process Claims” case and on the Oppositions Status Report filed by the Trademark Registry before the Delhi High Court. Modern Foods v. Image from here Case: Akebia Therapeutics Inc v.

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The TTABlog

OCTOBER 4, 2021

The Board has now answered that question in the affirmative, granting a petition for cancellation of a registration for the mark DANTANNA'S for "steak and seafood restaurant" on the ground of fraud. See Trademark Act Section 33, 15 U.S.C.

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Registration Trademark Litigation Copyright 96

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Tana had also filed a civil action for trademark infringement against Great Concepts in the Northern District of Georgia (Civil Action No. Chutter, Inc.,

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Registration Registering Trademarks Trademark Ownership 52

IP Tech Blog

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Trademark Trademark Law Registration Intellectual Property 113

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

Selvam & Selvam Blog

JANUARY 5, 2023

To file a trademark application in Bangladesh, you can either submit the application online or in paper form at the trademark office in Dhaka. The Bangladesh trademark office follows the 10th edition of the NICE Classification and has a list of accepted goods and services.

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Trademark Service Mark Registration Registering Trademarks 52

The TTABlog

APRIL 8, 2024

The Board granted a petition for cancellation of a registration for the mark TEEN EARTH for "entertainment in the nature of beauty pageants" on the ground of abandonment. Stafford , Cancellation No. Speaking of proving nonuse/abandonment, here's an instructive opinion right on point. Carousel Productions, Inc. franchisees of Carousel.

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Registration Trademark Copyright 67

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Adamson Systems Engineering, Inc.

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IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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Trademark Registration Trademark Law Law 68

Patent Trademark Blog

SEPTEMBER 13, 2021

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance. How can you revive a canceled trademark registration?

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Registration Trademark Registering Trademarks Blogging 40

LexBlog IP

NOVEMBER 25, 2021

Recently, the United States Patent and Trademark Office (“USPTO”) suspended all Trademark Terminal filings pending administrative review. In a Show Cause Order , the USPTO alleges that Trademark Terminal is fraudulently filing trademarks from Pakistan. a foreign company, controls Trademark Terminal.

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Trademark Licensing Law Registration 52

LexBlog IP

OCTOBER 4, 2022

In a precedential decision issued in September, the Trademark Trial and Appeal Board (“TTAB”) denied a cancellation filed by JNF LLC (“JNF”) against Harwood International Inc. (“Harwood”). JNF sought cancellation of the Harwood registration based on alleged prior use and a likelihood of confusion.

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Registration Trademark Advertising Advertising 52

The TTABlog

JULY 22, 2021

In this cancellation proceeding targeting two registrations for the mark BLEU ICE for clothing, the Board entered judgment by default on December 19, 2018, after Respondent Davoudzadeh failed to file an answer or respond to the notice of default. Massoud Davoudzadeh , Cancellation No. Blue Ice Mountain Works SA v.

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Registration Trademark Business Copyright 57

TorrentFreak

MARCH 7, 2022

A document titled “Priority Action Plan for Ensuring the Development of the Russian Economy in the Conditions of External Sanctions Pressure” lays out just some of the measures under consideration. The planning document can be found here and the translation here (both pdf). An item listed as point 6.7.3

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The TTABlog

JULY 28, 2023

In a 46-page Order, the Board denied Petitioner Zuru LLC's motion for sanctions and for further discovery in this cancellation proceeding based on the alleged genericness of the mark LEGO for toy building blocks. Lego Juris A/S , Cancellation No. Zuru LLC and Zuru Inc.

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The TTABlog

DECEMBER 15, 2021

In a non-precedential ruling, the CAFC affirmed the Board's decision ( here ) ordering cancellation of a registration for the mark BF-7 for "nutritional supplement goods" on the ground that Registrant Sunbio was not the owner of the mark at the filing date of the underlying application because it had not used the mark. Biogrand Co.,

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Ownership Registration Trademark Copyright 58

LexBlog IP

OCTOBER 27, 2021

Trademark Opposition strategies. trademark opposition proceedings need not be expensive or protracted. This is one of the surprising conclusions for global trademark owners who seek to protect their rights in the United States. United States trademark oppositions are primarily heard before the U.S. Commencement of action.

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Trademark Settlement Registration Government 52

LexBlog IP

FEBRUARY 22, 2022

Great Management Group, LLC , a precedential decision, the Trademark Trial and Appeal Board (TTAB) held that recklessly false representations made during the course of the trademark application process satisfy the level of intent required to support a finding of fraud before the United States Patent and Trademark Office (USPTO). [1]

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Registration Trademark Marketing Marketing 52

SpicyIP

FEBRUARY 26, 2024

Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Anything we are missing out on? Legislative Oversight?

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Trademark Copyright Registration Designs 59

IP Tech Blog

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. Jiaxing Micarose Trade Co. , Background.

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Trademark Registration Designs Design 57

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. Use e-filing.

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Trademark Intellectual Property Intellectual Property Management IP 109

The TTABlog

APRIL 21, 2023

The Board granted a petition for cancellation of a registration for the mark ULTRA SUN for "[c]osmetic sunscreen preparations; sunscreen creams; water resistant sunscreen, sunscreen preparations," finding that the mark was not in use as of the deadline for filing Respondent Sun Precautions' statement of use in the underlying application.

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Registration Trademark Copying Licensing 40

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. .”

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Government Business Trademark Blogging 147

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.

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Trademark Intellectual Property Editing Registration 52

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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Trademark Service Mark Intellectual Property Registration 52

Selvam & Selvam Blog

SEPTEMBER 7, 2023

failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their failure to renew it in 1977 proved to be a mistake as it enabled N.R. WELL-KNOWN TRADEMARK – WHAT IS IT?

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Trademark Registration Intellectual Property Business 52

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 78

LexBlog IP

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. Jiaxing Micarose Trade Co. , Background. § 1051(e).

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Trademark Registration Designs Design 52

LexBlog IP

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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Trademark Trademark Law Registration Intellectual Property 52

The TTABlog

JANUARY 25, 2022

to “Thus, the issue for likelihood-of-confusion or descriptiveness purposes is typically whether the challenger and registrant compete in the same line of business and failure to cancel an existing mark, or to refuse registration of a new mark, would be likely to cause the opposer competitive injury.” Professor McCarthy remains unimpressed.

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LexBlog IP

NOVEMBER 9, 2023

With decision of May 8, 2023, the EUIPO Cancellation Division provided relevant clarification concerning the use of a trademark in relation to specific registered goods. More specifically, the EUIPO carried out detailed examination of the documentation provided by the owner for each of the registered goods.

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IP and Legal Filings

OCTOBER 27, 2022

The term of protection in the countries protected GIs by trademark systems is specified with renewable condition. Protection for a GI is not subject to a certain period and will remain valid unless its registration is canceled. The Bureau of Trademarks could revoke a registration on the following grounds: a.

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Intellectual Property Registration IP Trademark 86

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization. Let’s take a look.

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Trademark Registration Registering Trademarks Intellectual Property 40

LexBlog IP

JANUARY 17, 2022

A trademark Statement of Use (“ SOU ”) is a sworn statement that provides United States Patent and Trademark Office (“USPTO”) proof of use in commerce via (1) a specimen and (2) a $100 fee/Class. Below, I explain: what a Statement of Use is, when to file it, what documents you must provide, and. Table of Contents.

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Trademark Advertising Advertising Law 52

IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

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Trademark Branding Brands Branding 83

SpicyIP

FEBRUARY 5, 2023

The guidebook discusses various aspects where archival practice intersects with the law and addresses issues around access to physical records, reproduction of copyrighted material, data protection law and privacy, in order to make important historical documents available to researchers and the wider public.

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Music Copyright Trademark IP 119