Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. It further added that an individual could either own a registered trademark or copyright but not both. The rights granted in general under the Trademarks Act of 1999 and the Copyright Act of 1957 are completely different.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

Marketing 83

Marketing Marketing Trademark Registration 83

IP Blog

JUNE 29, 2021

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Intellectual Property Law Blog

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. The USPTO has provided guidance on these issues and will continue to work with stakeholders to identify additional needs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

Trademark 104

Trademark Registering Trademarks Marketing Marketing 104

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. T 862/19 ).

Trademark 138

Trademark Registration Marketing Marketing 138

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.

Trademark 84

Trademark Intellectual Property Registration Registering Trademarks 84

Patently-O

JUNE 29, 2022

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

Trademark 119

Trademark Trademark Law Branding Brands 119

IP and Legal Filings

MAY 18, 2023

The Court refuted the Plaintiff’s incongruous argument that infringement should be judged solely from the viewpoint of an average consumer, who is ignorant of prior art and judges based on visual impact alone, despite registration and novelty being adjudicated based on the instructed eye.

Designs 73

Designs Design Art Trademark Law 73

Trademark and Copyright Law Blog

JANUARY 3, 2024

Here are a few productive questions to ask: Do your registrations cover your reality? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. It misses you!

Trademark 52

Trademark Registration Branding Brands 52

IIPRD

AUGUST 27, 2022

The instant order of the General Court proves wrong the false assumptions that the shape mark is dead under the trademark law based on the doctrine of aesthetic functionality. trademark law which was later borrowed and adopted in a more limited sense in the European trademark law.

Trademark Law 52

Trademark Law Registration Marketing Marketing 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.

Trademark 119

Trademark Registration Trademark Law Law 119

IP and Legal Filings

JANUARY 11, 2024

RULES/LEGISLATIONS The idea of “Smell as a Trademark” where distinctive fragrances are used as trademarks to distinguish goods or services has emerged in recent years. Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Iconic scents like Chanel No.

Trademark 87

Trademark Intellectual Property Branding Brands 87

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. 2 nd 484, 489 (3 rd Cir.

Licensing 105

Licensing Registration Trademark Trademark Law 105

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law.

Branding 52

Branding Brands Branding Intellectual Property 52

IP Law 360

AUGUST 8, 2022

The Trademark Trial and Appeal Board's latest precedential ruling that the local government in Orange County, California, can't secure a registration on an "unofficial" seal to market park services indicates that the board may be more receptive to affirming refusals based on a rarely cited part of trademark law, attorneys say.

Trademark Law 40

Trademark Law Registration Government Marketing 40

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.’

Editing 105

Editing Law IP Designs 105

IPilogue

OCTOBER 18, 2022

TSR LLC’s position is that they are entitled to own and use both the word marks “TSR” (the name of the original company that published the first iteration of D&D) and “Star Frontiers”, since WOTC allowed registration in these marks to lapse in the 2000s. However, a proceeding like that between WOTC and TSR LLC can suggest otherwise.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

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.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

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 84

Trademark Social Media Advertising Advertising 84

Trademark and Copyright Law Blog

DECEMBER 19, 2022

Here are a few productive questions to ask: Do your registrations cover your reality? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. It misses you!

Trademark 52

Trademark Registration Branding Brands 52

Corsearch

NOVEMBER 15, 2022

And having a strong brand can also help to raise the overall valuation of a business, leading to a higher market share, and an increase in revenue and profits.  Ideally, the trademark should align with both the business and marketability of its products and/or services. It What Makes a Brand Strong? it should be unique. This

Branding 52

Branding Brands Branding Trademark 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. It helps consumers differentiate between the myriad brands available in the market today. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction.

Trademark 52

Trademark Registration Reporting Branding 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 120

Trademark Fair Use Trademark Law Branding 120

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

LexBlog IP

SEPTEMBER 6, 2023

Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that territory.

Trademark 52

Trademark Registration Ownership Business 52

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. street artist Banksy.

Trademark 105

Trademark Artwork Registration Art 105

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

Corsearch

APRIL 5, 2024

Key takeaways: Prioritize enforcement: Understand your business, critical markets, competitors, and prioritize enforcement efforts accordingly. Demonstrate value: Stay on top of dockets and use data to demonstrate the value of your trademark efforts to the business.

Trademark 59

Trademark Confidentiality Branding Brands 59

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.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Biswajit Sarkar Copyright Blog

MAY 29, 2023

Here are several reasons why trademark searches are critical for these brands: Establishing Brand Identity: Trademarks enable new brands to establish a unique identity and differentiate themselves in the market. Trademark infringement can lead to brand reputation damage and loss of market share.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

LexBlog IP

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. The USPTO has provided guidance on these issues and will continue to work with stakeholders to identify additional needs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 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.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

IP and Legal Filings

AUGUST 4, 2023

In ancient times the name of Kings and Queens were used to make the products prevalent in the market, this technique has worked in the past and that is why companies do not fail to sponsor a celebrity to launch their products to make them prevalent in the market.

Trademark 52

Trademark Registration Branding Brands 52

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.

Trademark 52

Trademark Branding Brands Branding 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? Thus, the sign cannot be used to distinguish goods or services in the market.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97