LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

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The IPKat

DECEMBER 12, 2021

Another week, another review of the latest news from the surrounding IP blogs! Patent and Trademark Office (USPTO) for use on cosmetics. PATENTS Prof. Mike Mireles reports for IP Finance. IP Finance reports. Dennis Crouch discusses patent claims cancellation and inter partes review (IPR) in the U.S.

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Patent Trademark Blog

MAY 8, 2024

What if someone else filed for a similar trademark first? I can’t tell you all the reasons why people delay filing a trademark application. Others have already applied for similar trademarks. What are your options if you wish to file for a similar trademark? Need guidance on registering a trademark?

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IP Watchdog

MAY 23, 2023

Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) yesterday made public a Sanctions Order against a patent owner that resulted in the cancellation of all 183 claims of five patents challenged in separate inter partes review (IPR) proceedings.

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Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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IP Watchdog

JANUARY 23, 2024

Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc. Court of Appeals for the Federal Circuit (CAFC) today denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S.

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JD Supra Law

DECEMBER 5, 2022

The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy. By: AEON Law

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Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Over the years, some businesses and individuals have attempted to trademark the phrase ‘Taco Tuesday’ for various purposes. Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. Subsequently, Taco Bell IP Holder, LLC.

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Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Do the accused products infringe the asserted patent?

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IP Watchdog

MARCH 21, 2024

The Trademark Trial and Appeal Board (TTAB) on Wednesday, March 20, denied APPLE JAZZ mark owner Charles Bertini’s petition to cancel Apple, Inc.’s s mark APPLE for entertainment services.

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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. In essence: ‘use it or lose it.’

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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. Hons) student at Hidayatullah National Law University, Raipur.

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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). In H Lundbeck A/S v.

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IP Tech Blog

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. The “DANTANNA’S” trademark issued in 2005. In Great Concepts LLC v.

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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

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Need to register a foreign trademark in the US? What if the foreign trademark has not yet registered?

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IP Law 360

NOVEMBER 17, 2021

Patent and Trademark Office announced Wednesday that it will begin implementing the Trademark Modernization Act and its provisions for challenging unused trademarks next month.

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IP Watchdog

OCTOBER 19, 2023

Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark.

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SpicyIP

SEPTEMBER 11, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Calcutta High Court resolves the 23 year old trademark battle between KitKat and KitKat, using a seemingly wrong precedent by the IPAB.

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IP Watchdog

FEBRUARY 2, 2023

Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO). Metz and Jump Rope Systems originally sued Rogue Fitness in 2018.

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Patent Trademark Blog

MARCH 10, 2022

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use.

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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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IP Watchdog

MAY 26, 2023

This week in Other Barks & Bites: The USPTO releases a blog post detailing the success of its Patent Pro Bono Program and announces a proposed pilot for micro entity applicants; NBA superstar LeBron James puts his weight behind Taco Bell in its battle to cancel the “Taco Tuesday” trademark; and Gilead and Teva sign a deal with pharmacies to avoid (..)

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LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation? The answer is YES!

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IP Law 360

MARCH 28, 2024

Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected. Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S.

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LexBlog IP

SEPTEMBER 7, 2021

The Beijing IP Court has been streamlining the procedure for trademark appeal cases since August 2021, and it is reported that the Court has already directed more than 300 trademark prosecution cases into pre-hearing mediations between the applicant and the Trademark Office.

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IP Watchdog

SEPTEMBER 12, 2022

Patent and Trademark Office (USPTO) denied its request for Director Review. The case relates to a Patent Trial and Appeal Board (PTAB) decision canceling all claims of U.S. 7,325,806 (‘806 patent) and was previously appealed to the CAFC.

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IPilogue

OCTOBER 21, 2022

On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

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IP Law 360

JANUARY 23, 2024

Patent and Trademark Office to decide on his pending petition to cancel Apple Inc.'s s "Apple Music" trademark after finding that the agency wasn't unreasonable when it stayed the proceedings. The Federal Circuit on Tuesday shot down a jazz musician's request to direct the U.S.

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IP Watchdog

SEPTEMBER 14, 2023

If a sanctions order is the stuff of a Patent Trial and Appeal Board (PTAB) practitioner’s bad dreams, then the issuance of sanctions outright cancelling a client’s patent(s) qualifies as their worst nightmare. Patent and Trademark Office (USPTO) Director Kathi Vidal sua sponte ordered Director Review of PTAB’s sanctions order.

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IP Watchdog

JANUARY 10, 2022

This week in Washington IP news, following a cancellation last week, the Senate Judiciary Committee will vote this week on a series of nominations from the Biden Administrations to fill vacancies at both the Federal Circuit and the U.S. Patent and Trademark Office. agriculture and rural communities.

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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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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)! The court held that the defendant’s mark is deceptively similar to the plaintiff’s “Tumorin” trademark. Anything we are missing out on? Please drop a comment and let us know.

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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. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? How can an accused infringer sue the IP owner?

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LexBlog IP

NOVEMBER 8, 2023

the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Patent and Trademark Office or in the courts.” In Great Concepts, LLC, v. Chutter, Inc. ,

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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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