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’. 1572589 under Class-43 in favor of Taco John’s.

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Registration Trademark Business IP 88

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation.

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Intellectual Property Fair Use Litigation Trademark 86

IP Watchdog

JUNE 13, 2023

So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.

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Trademark Business Litigation Intellectual Property 94

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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Registration Trademark Blogging IP 62

The TTABlog

NOVEMBER 20, 2023

In a rather straightforward ruling, the Board held that "the termination of a reexamination or expungement proceeding in favor of a registrant cannot be the basis for the registrant’s assertion of claim or issue preclusion in a proceeding before the Board to cancel that registration." Malpica , Cancellation No. Common Sense Press Inc.

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Registration Trademark Litigation Licensing 73

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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Trademark Registration Registering Trademarks Patent 59

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

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Registration Trademark Law Registering Trademarks 62

IP Watchdog

FEBRUARY 15, 2024

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Thursday vacating the Trademark Trial and Appeal Board’s (TTAB’s) denial of a petition to cancel a trademark for a medicated tea product to treat colic in babies. Naterra International, Inc.

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Registration Trademark Marketing Marketing 52

IP Watchdog

AUGUST 22, 2023

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In July, the U.S.

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Music Trademark Litigation Intellectual Property 98

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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Registering Trademarks Trademark Registration Trademark Law 105

IP Watchdog

JULY 6, 2023

Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. s application to register the mark APPLE MUSIC.

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Music Trademark Registration Litigation 111

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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Registration Trademark Litigation Blogging 52

IP Watchdog

JULY 19, 2023

The Taco John’s restaurant chain announced Tuesday that it will share its Taco Tuesday trademark, but also posed a challenge to Taco Bell and LeBron James “to Support Workers, Not Lawyers.” Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY on May 16, 2023.

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Trademark Business Litigation Intellectual Property 95

The TTABlog

JANUARY 24, 2023

claiming trademark infringement and dilution of two registered trademarks for medical gloves, one mark consisting of the color purple and the other the color gray. Sri Trang then filed at the TTAB petitions for cancellation of the two registrations. O&M Halyard brought a civil action against Sri Trang US, Inc.,

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Registration Litigation Registering Trademarks Trademark 70

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 105

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. Tana had also filed a civil action for trademark infringement against Great Concepts in the Northern District of Georgia (Civil Action No. Chutter, Inc.,

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Registration Registering Trademarks Trademark Ownership 52

IP Law 360

JULY 25, 2023

Better," telling the justices that a ruling gutting the contested trademark goes against "common sense" and "will impose unnecessary costs on parties who litigate infringement and cancellation claims for years."

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Trademark Litigation 40

LexBlog IP

JULY 28, 2023

The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. The second is whether a district court’s decision resolving a trademark dispute (e.g.,

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Trademark Registration Law Patent Law 52

IP Watchdog

FEBRUARY 21, 2022

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S.

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Music Registration Trademark Litigation 126

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. So this extraordinary remedy is limited by design.

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Trademark Cease and Desist Registration Patent Application 52

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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Inventor Technology Patent Trademark 126

The TTABlog

SEPTEMBER 20, 2021

In 2013, Beasley filed a pro se petition for cancellation of the registration on the ground of fraud, but he failed to prove his case and the Board dismissed the petition. In 2017, Beasley filed another petition for cancellation, but that was summarily dismissed by the Board on the ground of claim preclusion. TTABlogged here ].

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Registration Litigation Trademark Branding 78

Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

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Registration Trademark Registering Trademarks Branding 147

IP Watchdog

JUNE 7, 2023

Court of Appeals for the Federal Circuit (CAFC) to rehear a decision that effectively canceled the tech giant’s application to register the trademark APPLE MUSIC.

Music 64

Music Trademark Registration Litigation 64

IP Watchdog

JUNE 13, 2023

So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.

Trademark 52

Trademark Business Litigation Intellectual Property 52

IP Watchdog

JUNE 13, 2023

So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.

Trademark 52

Trademark Business Litigation Intellectual Property 52

IP Watchdog

NOVEMBER 9, 2023

Patent and Trademark Office (USPTO) to respond to a petition for writ of mandamus filed by the owner of the APPLE JAZZ trademark, who has been embroiled in a fight with Apple, Inc. Court of Appeals for the Federal Circuit (CAFC) this week ordered Apple, Inc. and the U.S. over rights to the mark since 2016.

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Registration Trademark Patent Music 64

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

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Trademark Intellectual Property Designs Design 105

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., First, this decision is the latest in an ongoing saga focused on two globally valuable Cuban trademarks: COHIBA for cigars and HAVANA CLUB for rum.

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Registration Trademark Law Trademark Branding 78

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. Patent and Trademark Office (USPTO) leadership gives new weight to New Vision's arguments, says the brief. (New Vision) filed a brief with the U.S.

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Reporting Trademark Patent Invention 98

IP Watchdog

OCTOBER 28, 2021

On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, LLC’s (BBS) standard character mark and dismissed in part, affirmed in part and remanded the TTAB’s decision regarding the opposition of BBS’s mark.

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Trademark Advertising Advertising Litigation 119

The TTABlog

OCTOBER 6, 2023

The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. Cancellation Nos. The case will now proceed to the second stage, in which the Board will consider whether Jerry's intended to resume use of the mark, in which case Jerry's will avoid abandonment.

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Branding Brands Branding Advertising 67

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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Cease and Desist Branding Brands Branding 52

IP Watchdog

NOVEMBER 13, 2021

Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) that had found Galperti S.r.l Patent and Trademark Office (USPTO) in asserting that it had substantially exclusive use of the mark GALPERTI in the five years preceding its registration.

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Registration Trademark Patent Litigation 119

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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Trademark IP Intellectual Property Litigation 52

IP Watchdog

JUNE 29, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) that had canceled two marks for Thums Up cola and Limca lemon-lime soda owned by Meenaxi Enterprise, Inc. Court of Appeals for the Federal Circuit (CAFC) today reversed a decision of the U.S.

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Trademark Patent Litigation Intellectual Property 95

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO).

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Trademark Registration Designs Design 52