IP and Legal Filings

SEPTEMBER 19, 2023

Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration. 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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Trademark Intellectual Property Registration Registering Trademarks 88

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

JANUARY 27, 2023

In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward. Trademark protection also prevents unscrupulous rivals, such as counterfeiters, from using similar unique marks to market inferior or unrelated goods or services.

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Trademark Registering Trademarks Registration Intellectual Property 80

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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Trademark Registering Trademarks Registration False Advertising 59

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. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

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Trademark Branding Brands Branding 52

SpicyIP

FEBRUARY 10, 2023

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

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Trademark Registration Trademark Law Law 119

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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Trademark Social Media Advertising Advertising 88

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Trademark Branding Brands Branding 52

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Why Take the Trademark Route? Furthermore, if the hashtag consists of an existing registered trademark, it will aid in Trademark Registration.

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Trademark Registration Registering Trademarks Social Media 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

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Intellectual Property Registration Trademark Personality Rights 76

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

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Trademark Registration Registering Trademarks Intellectual Property 40

LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement?

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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Cease and Desist Branding Brands Branding 106

Intepat

JANUARY 10, 2023

By registering the trademark, a company’s products and services are easily recognised by the general public. Even though trademark registration is not mandatory, having a registered trademark has a number of advantages. It is not compulsory for an online seller or company to register a trademark.

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Trademark Branding Brands Branding 59

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. registration requirements. Provisions of intellectual property law will be applicable to NFTs. Trademark: NFTs may also be protected as a trademark. data retention.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

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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Editing Law IP Designs 105

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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Trademark Copyright Cease and Desist Copying 236

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock]. Conclusion.

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Trademark Contracts Intellectual Property Registering Trademarks 52

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners.

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Trademark Registration Registering Trademarks Advertising 52

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. This can lead to expensive “false marketing” litigation. Registering trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

Likelihood of Confusion

JUNE 4, 2022

Thorne, legal marketing wordsmith extraordinaire, wonders: Why would a court opinion use the magic ® symbol to refer to one registered trademark and not others? And why would an. The post Through WINDOWS®, darkly appeared first on LIKELIHOOD OF CONFUSION™.

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Registering Trademarks Marketing Marketing Trademark 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

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Trademark Designs Design Marketing 52

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. However, in order to file a lawsuit of infringement, copyright registration is required.

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Law Branding Brands Branding 86

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”

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Trademark Fair Use Registration Licensing 109

IP Tech Blog

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

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Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

DECEMBER 15, 2021

For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. Registration took two years.

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Trademark Intellectual Property Registration Designs 105

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. Can we Trademark QR Codes? Thus, the sign cannot be used to distinguish goods or services in the market.

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Trademark Intellectual Property Registration Trademark Law 97

Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

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Trademark Branding Brands Branding 52

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act.

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Trademark Law Registering Trademarks Branding 61

Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). These issues can have a major impact on brand strategy and affect credibility in the market. Let us see it.

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Branding Brands Branding Registration 52

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act.

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Trademark Law Registering Trademarks Branding 57

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Reporting 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Once registered, a domain name owner shall have all the legal authority and rights that are usually there with a trademark owner.

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Social Media Intellectual Property Registration Branding 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

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Litigation Trademark Registering Trademarks Registration 59

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

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Registration Trademark Trademark Law Marketing 65

Traverse Legal Blog

JULY 14, 2022

You will need to have proof of not only your registered trademark(s), but know important dates such as your first use in commerce of the trademark. Were you using your trademark before the alleged infringer? Has your trademark registration ever lapsed?

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Cease and Desist Trademark Litigation Intellectual Property 98