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?

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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.

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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.

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SpicyIP

SEPTEMBER 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. Controller of Patents and Ericsson v. This and a lot more in this week’s SpicyIP Weekly Review.

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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.

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Patent Trademark Blog

MAY 31, 2023

Perhaps you might want to send them a C&D letter to get them to respect your patents. 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?

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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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Intepat

JUNE 11, 2024

This Madrid system has significantly impacted global trademark registration, with over a million registrations worldwide. A key feature of the Madrid System is the provisional refusal, an initial objection from a national trademark office to an international trademark application.

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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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Intepat

JUNE 19, 2024

Intellectual Property is often aligned with a set of intangible assets including invention & creation and when it comes to trademark prosecution it is highly crucial to substantiate your creation with appropriate supporting documents to make your case strong. How Does Evidence Shape Trademark Prosecution?

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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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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.

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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? Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again!

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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.

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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.

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The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson discussed her new appointment as WIPO’s first IP and Gender Champion. Adam Ernette (UIC) reports on the seminar.

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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.

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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.

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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?

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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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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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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.

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IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. Businesses are turning towards their intangible assets, specifically their IP to finance their growth and further innovation.

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43(B)log

FEBRUARY 23, 2024

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. Most important countervailing factor: competence.

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Patent Trademark Blog

JULY 26, 2021

What are the different types of trademark refusals? Not all trademark refusals are the same. Some are based on similarities to prior registrations or pending applications. There is not a one-size-fits-all approach to overcoming a trademark refusal. Other refusals may be based on descriptive qualities in the mark.

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SpicyIP

AUGUST 7, 2023

Discussing the key amendments within the 2023 Act, Lokesh highlights the contentious issues within the law and how they may warrant clarification in the future. Case Summaries Patents Delhi High Court clarifies that ‘revocation petitions’ are not ‘suits’ for the purpose of Section 10 CPC. The Controller of Patents and Ors.

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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. Table of contents.

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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.

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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.

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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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azrights

OCTOBER 27, 2021

For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Some identifiers can be protected and owned as trademarks as soon as you create them. Others are extremely difficult to secure as trademarks and need a strategy to achieve.

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Patent Trademark Blog

MAY 12, 2022

How to Cancel a Registered Trademark. A trademark cancellation filed with the TTAB would have been the only procedure to discuss. We’ll certainly delve into a TTAB cancellation in this post, but we now have a couple more ways to cancel a trademark registration.

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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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LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? What is a Supplemental Register Trademark?

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SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. He is interested in IP law, and commercial and criminal litigation.

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SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). H Lundbeck A/S v.

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SpicyIP

AUGUST 30, 2024

The case involved the trademark “Solidare” (Trademark No. On a search, I also could not find anything on a counterclaim being accepted during the rectification proceedings per se in the Manual for Trade Marks by the Office of Controller General Patents, Designs & Trade Marks (CGPDTM). 1574746 in Class 9).

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