Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where you need a trademark lawyer or agent to step in. Who is a trademark lawyer? A trademark lawyer also ensures that the trademark applied for does not infringe on someone else’s trademark.

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IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.” Mondaq (Dec. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

This is where the role of trademark lawyer in India becomes crucial. Who is a trademark lawyer? A trademark lawyer in India is someone who is an expert in matters of trademark laws and other laws relating to Intellectual Property Rights. Who is a trademark agent ?

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IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

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Trademark Service Mark Intellectual Property Registration 52

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 ). The criteria for assessing the distinctiveness of sound marks are therefore no different from those applicable to the other categories of mark.”

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Patently-O

JANUARY 26, 2024

In reissuing In re GO & Associates as a precedential opinion, the Federal Circuit cements the guidance for practitioners and examining attorneys on the threshold evidence needed to show that unregistrable information content transforms into a protectable trademark. See, TMEP § 1202.04(b)

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IP and Legal Filings

AUGUST 3, 2023

Typically, the marks that are informative or descriptive of the product, or those which convey a message that is commonly used, or is generally used to express religious, political or social views, etc, may face rejection based on failure to function. Marks consisting of designs or patterns may also be rejected as a failure to function.

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Corsearch

AUGUST 30, 2023

Even if a mark is originally descriptive and thus unregisterable, it is possible to change this through use of the mark in the marketplace, initially as a common-law trademark. What are additional factors (for pharmaceutical trademarks)? What is a common-law trademark? Who is the agency correspondent?

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Patently-O

NOVEMBER 17, 2023

In other words, it must be able to indicate the source of the applicant’s goods or services and distinguish them from others. This requirement stems from the core purpose of trademark law, which is protecting the ability of consumers to readily identify the sources of goods and services.

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The TTABlog

JANUARY 23, 2024

The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) The TMEP is not the law - ed. ].

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Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) The TMEP is not the law - ed. ].

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