IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

Trademark 88

Trademark Intellectual Property Registration Registering Trademarks 88

IP and Legal Filings

JUNE 21, 2023

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

Registering Trademarks 90

Registering Trademarks Trademark Trademark Law Branding 90

Kashishipr

SEPTEMBER 20, 2021

In May 2007, the label mark ‘SOYA DROP’ was registered. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Concluding Remarks.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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.

Trademark 88

Trademark Social Media Advertising Advertising 88

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

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™.

Registering Trademarks 52

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.

Trademark 52

Trademark Designs Design Marketing 52

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.

Trademark 80

Trademark Registering Trademarks Registration Intellectual Property 80

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.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

Registration 74

Registration Trademark Blogging Law 74

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. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Image source: iStock].

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

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.

Copyright 235

Copyright Trademark Cease and Desist Copying 235

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

azrights

OCTOBER 27, 2023

The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand. It doesn’t give you a monopoly if you chop and change your design because then you’re not using the registered trademark. Otherwise, the business is at risk of losing its trademark.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

APRIL 9, 2022

Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. These factors include: “is identical with or similar to the registered trademark, and. RPG Enterprises v. Ujjawal Bhargava.

Registering Trademarks 103

Registering Trademarks Trademark Registration Government 103

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.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

SpicyIP

SEPTEMBER 8, 2023

Hari Shankar noted that Dabur appeared to be attempting to pass off its product as Emami’s, by intentionally copying key elements of Emami’s product packaging, which had been in the market since 1989.

Registration 111

Registration Trademark Marketing Marketing 111

SpicyIP

AUGUST 31, 2023

Likelihood of Confusion to the Public or Likelihood of Association with the Registered Trademark I. This product introduces competition in the market and expands the availability of cheaper alternatives. We will explore the relevance of this further ahead in this post. and still exude a luxurious aura at events.

Trademark 111

Trademark Advertising Advertising Branding 111

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.

Trademark 59

Trademark Branding Brands Branding 59

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.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

SpicyIP

FEBRUARY 10, 2023

In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademark law and not just a provision limited to Section 12. Facts in brief – In the Abdul Rasul case, the plaintiff claimed the infringement and passing off of its registered trademark “REGAL” used for footwear retail.

Trademark 119

Trademark Registration Trademark Law Law 119

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. The following steps are to be undertaken in order to get a mark registered as trademark under Indian trademark law: a.

Registration 52

Registration Trademark Reporting Trademark Law 52

Garrigues Blog

JULY 10, 2023

The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization. In other words, it could be said that it is the first commandment of trademark law.

Trademark 40

Trademark Registration Registering Trademarks Intellectual Property 40

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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

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. Conclusion.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 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.

Trademark 61

Trademark Law Registering Trademarks Branding 61

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.

Trademark 57

Trademark Law Registering Trademarks Branding 57

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.

Editing 105

Editing Law IP Designs 105

43(B)log

APRIL 29, 2022

It was not enough to allege that the marketing materials were “misleading as to his present involvement.” False advertising law has a much more structured way of accounting for implications than trademark law does. Hawrych developed their products were not plausibly false or misleading. Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” Any person looking at the listings in question would instantly interpret “emoji” as describing the product’s physical attributes–AS TRADEMARK LAW PERMITS IT TO DO. The court seemingly understands the problem perfectly.

Trademark 109

Trademark Fair Use Registration Licensing 109

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

Trademark 105

Trademark Branding Brands Branding 105

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

IP Tech Blog

MARCH 23, 2022

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. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

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. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. Yet, some proprietors seek to register common phrases or words for their products and services. ’ How are then these common words registered as a trademark?

Trademark 105

Trademark Registration Branding Brands 105

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Even if you have registered a trademark, you may still be able to assert common law trademark rights to obtain the full protection you are entitled to. For example, you may only have a registered trademark for certain goods or services. Keep in mind that all Federal Circuit case law is binding on the TTAB.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59