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

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. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here.

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Trademark Intellectual Property Designs Design 105

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

LexBlog IP

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In Great Concepts LLC v. Chutter, Inc. ,

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Registration Trademark Patent Technology 52

IP and Legal Filings

OCTOBER 27, 2022

A Geographical Indication (GI) is an intellectual property right protecting the name and identity of certain products which unique characteristics have developed due to a mix of local factors/influences either natural, due to a specific environment, and/or human, through the use of the wisdom/know-how of local producers.

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Intellectual Property Registration IP Trademark 86

LexBlog IP

APRIL 19, 2023

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

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Trademark Registration Marketing Marketing 52

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

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.

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Editing Law IP Designs 105

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

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. In March 2005, the mark was registered ( Registration No. The USPTO refused registration at the end of the year based on the DANTANNA’S registration.

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Registration Registering Trademarks Trademark Ownership 52

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. Overall Theme and Key Takeaway It should be noted that this will be the 5 th round of major amendments to the China Trademark Law since it was first adopted in 1982.

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Trademark Law Law Trademark Intellectual Property 52

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 of 37 CFR Part 6, aligning it with the 12th edition, version 2024, of the Nice Classification published by the World Intellectual Property Organization (WIPO).

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Trademark Intellectual Property Editing Registration 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. For a quick recap of the most important takeaways, keep reading: In Jack Daniel’s Properties, Inc.

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Trademark Registration Branding Brands 52

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. There’s no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist.

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Designs Design Trademark Copyright 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.

Trademark 52

Trademark Trademark Law Registration Intellectual Property 52

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

SpicyIP

DECEMBER 11, 2023

Highlights of the Week Jab “We” Met: When Intellectual Property (IP) Met Public Interest (PI), a Poem Image from here When IP met PI (Public Interest)! Ever wonder how they’d describe themselves to each other? The court held that the defendant’s mark is deceptively similar to the plaintiff’s “Tumorin” trademark.

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Trademark Fair Use Moral Rights Art 103

LexBlog IP

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Accordingly, DONCIC was left with no choice other than to seek cancellation of his mother’s trademark to clear the path for the other applications.

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Trademark Registering Trademarks Business Registration 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. Call for Papers: NUALS Intellectual Property Law Review (Vol. The deadline for submissions is April 18, 2023.

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Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

JANUARY 5, 2022

So, believing that the state’s usurpation of his right to control use of the copyrighted work essentially took from the photographer a valuable property right, the photographer made a takings claim, seeking just compensation for the state’s alleged taking, essentially an assertion of eminent domain over the intellectual property.

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Intellectual Property Government Invention Copyright 52

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

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Trademark Law Trademark Law Registering Trademarks 40

Patent Trademark Blog

MAY 31, 2023

On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter. How can an accused infringer sue the IP owner?

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Cease and Desist IP Trademark Registration 52

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).

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Trademark Intellectual Property Intellectual Property Management IP 109

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

OCTOBER 25, 2022

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. Expungement petitions may be filed between the third and tenth years of registration if a mark is alleged to have never been used in interstate commerce.

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Registration Trademark Reporting Publishing 52

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!

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Trademark Registration Copyright Patent 59

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?

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Trademark Registering Trademarks Registration Copying 52

The IP Law Blog

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Accordingly, DONCIC was left with no choice other than to seek cancellation of his mother’s trademark to clear the path for the other applications.

Trademark 52

Trademark Registering Trademarks Business Registration 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Here’s wishing all our readers a very happy, safe, and healthy new year! b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. H Lundbeck A/S v.

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

AUGUST 22, 2022

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”).

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Registration Ownership Trademark Marketing 40

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.

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Registration Trademark Ownership Marketing 59

SpicyIP

DECEMBER 17, 2023

Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Digging Past the Recent Re-Notification of the Exams Following the cancellation of the preliminary exams conducted by the QCI, the recruitment of 553 patent examiners has been re-notified, this time with the assistance of NTA. Sidhi is a final year B.A.

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IP Trademark Advertising Advertising 59

LexBlog IP

DECEMBER 20, 2021

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently.

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Trademark Registration Advertising Advertising 40

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).

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Registration Designs Design Trademark 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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Trademark Registration Intellectual Property Litigation 40

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 ). European Union Intellectual Property Office , T-668/19. Every sound trademark seems not only to signify something but to raise a question or two as well.

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Trademark Registration Music Intellectual Property 52

The IPKat

MARCH 17, 2022

Okonkwo attended the meeting and now reports on how it went and what should happen next. Last month, members of the Nigerian Technical Working Group on Geographical Indications met to consider their first draft of a bill for the protection of Geographical Indications. Katfriend, Ifeanyi E. The TWG split the task across its members.

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Intellectual Property Registration Government Law 76