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. ,

Registration 52

Registration Trademark Patent Technology 52

Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

Trademark 52

Trademark Registration Registering Trademarks Blogging 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.

Trademark 113

Trademark Trademark Law Registration Intellectual Property 113

Patent Trademark Blog

JULY 7, 2022

What is a trademark counterclaim? When it comes to TTAB oppositions and cancellations , it may make sense to consider filing a counterclaim against the plaintiff. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer.

Trademark 52

Trademark Registration Registering Trademarks Settlement 52

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.

Trademark 52

Trademark Registration Marketing Marketing 52

azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand.

Trademark 52

Trademark Branding Brands Branding 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.

Branding 52

Branding Brands Branding Marketing 52

Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

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.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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. You can subtract items from the old registration.

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

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.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

Patent Trademark Blog

MAY 31, 2023

Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 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. Introduction.

Intellectual Property 88

Intellectual Property Registration IP Trademark 88

LexBlog IP

MARCH 21, 2023

In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” ” Nkanginieme v.

Registration 52

Registration Trademark Intellectual Property 52

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.

Trademark 52

Trademark Registering Trademarks Business Registration 52

SpicyIP

MARCH 13, 2023

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Recently, the Delhi High Court had an opportunity to look into it in Winzo v Google case.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

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. If you file after this period, you’re late.

Registration 40

Registration Trademark Registering Trademarks Blogging 40

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

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. misuse of their trademarks when drafting license or distribution agreements with non-U.S.

Trademark 52

Trademark Registration Branding Brands 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

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? E-mail subscriptions to the TTABlog are available.

Registration 57

Registration Designs Design Trademark 57

Patent Trademark Blog

NOVEMBER 18, 2021

What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. The TMA final rule can be found here.

Trademark 40

Trademark Registering Trademarks Registration Blogging 40

Patent Trademark Blog

APRIL 6, 2022

What are smarter ways to respond to trademark Office Actions? Though you hate to see them, Office Actions are fairly common in USPTO trademark applications. While much can be done upfront to minimize the risk of a trademark refusal , you sometimes get a trademark rejection no matter how hard you tried to avoid it.

Trademark 52

Trademark Registration Blogging IP 52

SpicyIP

DECEMBER 15, 2023

Previously, the exams were canceled just a day after they were conducted, owing to unspecified “ irregularities/ technical reasons ”. So does this mean that like the QCI previously, the NTA will also supersede the authority of the Controller General of Patents, Designs and Trademarks (CGPDTM) in the process of recruiting its officers?

Patent 59

Patent Higher Education Designs Design 59

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

Registration 52

Registration Trademark Art Blogging 52

Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? So it appeared that your trademark application was approved and on track to a registration until it got derailed. A third party has filed an opposition with the TTAB to block the registration of your mark. Should you hire a trademark filing service?

Trademark 52

Trademark Settlement Registration Registering Trademarks 52

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.”

Registration 52

Registration Trademark Advertising Advertising 52

The TTABlog

JULY 2, 2021

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. Apple, Inc. Precedential Nos.

Registration 52

Registration Designs Design Trademark 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.

Trademark 105

Trademark Intellectual Property Registration Designs 105

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.

Designs 52

Designs Design Trademark Copyright 52

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Banksy Case: registration of a trademark in bad faith and the price of anonymity.

Blogging 52

Blogging IP Advertising Advertising 52

43(B)log

FEBRUARY 3, 2024

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property IP rights are state-dependent, property-dependent models so make false promises of equality. IP rights are contingent and state dependent in ways that have nothing to do with the merits of expression or invention. Turban = diffused.

Branding 59

Branding Brands Branding Art 59

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

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

SpicyIP

SEPTEMBER 6, 2021

Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. The End of the IPAB and Lessons on Concentration of Judicial Powers. Other Developments.

Designs 113

Designs Design Inventor Trademark 113