IP Watchdog

SEPTEMBER 11, 2023

Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. On September 7, the U.S. Haribo of America Inc.

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Greenspoon Marder LLP

MAY 21, 2021

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Our You, Me & IP series joins Innovation Week to discuss the considerations and issues businesses can encounter while registering trademarks to stop infringing imports. The post GM Innovation Week: Catch You at the Border: Registering Trademarks With U.S.

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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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IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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IP Watchdog

JULY 10, 2022

The All England Lawn Tennis Club (the “Club”) has owned multiple registered trademarks for the famous Wimbledon name and other prominent signs for some time.

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Patent Trademark Blog

JULY 11, 2023

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Need to register a trademark?

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The IPKat

APRIL 29, 2024

The IP Case Law Conference (IPCLC), “Decoding Decisions: Insights from Selected Case-Law” continues and it's now time of the second report. Esteemed professionals from both private and public sectors analyzed the acceptance and adoption of non-traditional trademark forms like motion and multimedia from the applicant's perspective.

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Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How does my trademark track record compare to others?

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LexBlog IP

DECEMBER 20, 2022

Christmas and all of its “Christmas magic” is so ingrained in American culture, it can tempting to assume that the holiday is immune from IP considerations. However, you might not be aware that there are many registered trademarks related to Christmas. The Polar Express. Home Alone.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Exclusive Trademark Rights for Trademark Owners in India.

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SpicyIP

FEBRUARY 22, 2023

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms? But what happens when these protectors of IP seek the protection of their IPs? SG, and the high probity from the lawyers practising IP! from NUALS, Kochi.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration.

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IP and Legal Filings

JANUARY 27, 2023

Despite the fact that the duration of protection varies, a trademark can be renewed in perpetuity by paying additional fees after the first term has expired. In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward.

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JD Supra Law

AUGUST 28, 2023

As these entrants continue to expand their respective patent portfolios, so do they focus on registering trademarks for both their company names and for their alt-animal products in multiple countries. Originally published in the AIPF’s IP Law Bugle - August 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. What Constitutes Use?

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The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The court declined to form an opinion on Apple’s contention that over the past 15 years, it had established a family of i-prefix trademarks, which would assist a consumer in better recognising its products. (c)

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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CoCal IP Law Institute

MARCH 25, 2023

Two Common Trademark Issues When counseling clients wanting to register trademarks, we evaluate the likelihood an application for registration of the mark will succeed and counsel the client accordingly. One of the issues that often arises in our analysis occurs when a mark is to be used in one way but, while there is no [.]

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Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

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Patent Trademark Blog

JANUARY 26, 2023

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required. Some of these programs require no ongoing effort by the trademark owner.

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IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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IP and Legal Filings

OCTOBER 30, 2022

The Philippines has laws and policies that generally support a conducive intellectual property (IP) environment, but enforcement is irregular and inconsistent. Several considerations are important for effective management of intellectual property (IP) rights in the Philippines. For example, U.S. Image Source: iStock].

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. Otherwise, the business is at risk of losing its trademark.

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IP Law 360

APRIL 2, 2024

A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court M 100 13770 0 13770 0 0 369k 0 --:--:-- --:--:-- --:--:-- 373k onday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.

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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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Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? Can you trademark a holiday name? CUPID appeared in 481 trademarks registered in 2022.

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Sander Law

DECEMBER 19, 2022

Toblerone , one of my favourite chocolates, is a great example of protecting a brand with trademark registration. Registered Trademark Rights. In Canada, TOBLERONE has been a registered word mark since 1931 , that’s over 90 years of registered trademark rights! Contact Sander Law to get started.

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The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Katpost on the decision here.

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LexBlog IP

DECEMBER 13, 2023

On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. ” The new system—which does not have a catchy acronym —replaces the Trademark Electronic Search System (TESS). .” Have thoughts on the new system?

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IPilogue

SEPTEMBER 1, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. What is trademark squatting? JKMG’s trademark portfolio.

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Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5138881).

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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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