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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Registration Registering Trademarks Trademark Cease and Desist 52

SpicyIP

AUGUST 31, 2023

Image from here Smells like Luxury, Does it cost a Trademark Battle? Ishant Jain The rise of comparative advertising in the perfume industry (for instance see here and here ) sparks debate on issues of potential trademark infringement and disparagement. We will explore the relevance of this further ahead in this post.

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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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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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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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

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. Use a clear process Consistent use is how an identifier gains recognition through wider exposure, after all.

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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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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. But then came Raman Kwatra v. It claimed to have used the mark since 1954.

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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. Understanding the Secondary Meaning of Trademark.

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LexBlog IP

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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Trademark Registering Trademarks Art Cease and Desist 52

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. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.

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Registration Trademark Reporting Trademark Law 52

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.

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IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Intepat

JANUARY 10, 2023

A trademark is a distinctive symbol, logo, name or word that identifies a firm or line of business. 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.

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Representation of the shape marks is shown below: Ferrari’s Trademark Loss.

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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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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. Unlike the TLT, the Singapore Treaty applies generally to all marks that can be registered under the law of a Contracting Party. Introduction.

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Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Registering Trademarks 52

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? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. TRADEMARK INFRINGEMENT. ]. The court says it.

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IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. 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.

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Trademark Law Registering Trademarks Branding 61

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. 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.

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Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. 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.

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Trademark Law Registering Trademarks Branding 57

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. What are trademark owners’ rights in this case?

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Trademark Trademark Law Television Registering Trademarks 52

IIPRD

JANUARY 6, 2023

Trademark; Meaning and need of laws. Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. Different kinds of misuse, unauthorized use, and infringement of trademarks are: Brand Protection. Hashtag and trademarks.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. 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. Concluding Remarks.

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Registration Artistic Work Copyright Registering Trademarks 98

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry.

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IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse.

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Trademark Branding Brands Branding 57

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

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Trademark Law IP Intellectual Property 98

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. 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. Let’s take a look.

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

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LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. Why you need new trademark registrations now. Even if you do not (yet) want to offer NFTs or other digital assets, it is advisable to take precautions under trademark law now.

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Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. A widely discussed example was when Apple Inc.,

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Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

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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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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].

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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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