JD Supra Law

NOVEMBER 1, 2023

In 2021, the Trademark Trial and Appeal Board cancelled Great Concepts, LLC’s trademark registration for the mark DANTANNA’S for restaurant services under Section 14, after finding that counsel for the Registrant committed fraud by signing a false Combined Declaration of Use and Incontestability under Sections 8 & 15.

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JD Supra Law

JULY 27, 2021

Coca-Cola entered the market in India through the acquisition of the marks THUMS UP and LIMCA, because when it initially expressed interest in selling its Coke-branded products in India, the Indian government required companies to disclose. including in India.

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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

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

But over the period of time, it has become a popular marketing tag line for the restaurants and bars to attract customers on a particular day of the week typically on Tuesday to sell the Mexican foods. Over the years, some businesses and individuals have attempted to trademark the phrase ‘Taco Tuesday’ for various purposes.

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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. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona. On May 18, 2021, the EUIPO Cancellation Division ruled in favour of Full Colour Black.

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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

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.

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Trademark Trademark Law Branding Brands 121

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. This is known as the quality function of a trademark.

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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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Trademark Registering Trademarks Registration Intellectual Property 78

LexBlog IP

SEPTEMBER 27, 2023

For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia. “I have my trademark registered in the US, Mexico, and Perú, and my products are being sold in the Colombian market. ” No.

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Trademark Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 27, 2023

For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia. “I have my trademark registered in the US, Mexico, and Perú, and my products are being sold in the Colombian market. ” No.

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Trademark Registration Marketing Marketing 52

JD Supra Law

OCTOBER 27, 2021

Great Concepts, LLC, 21 USPQ2d 1001 (TTAB 2021), the Trademark Trial and Appeal Board found that reckless disregard for the truth is sufficient to prove fraud, and ruled for the petitioner in a cancellation action based on fraudulent statements made in a maintenance filing. Great Management Group, LLC and Chutter, Inc.

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The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." Cancellation No. There was also evidence of four other rice products on the market that feature deer in their packaging. Global Commodities, Inc.

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Designs Design Registration Marketing 70

The TTABlog

OCTOBER 6, 2022

26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use TTABlog Test: Is "THE CHIRO PLACE" Confusable With "THE CHIRO SPOT" for Chiropractic Services? TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Guess What?

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Service Mark Designs Design Ownership 82

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

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Branding Brands Branding Marketing 52

The TTABlog

APRIL 3, 2023

TTABlog Test: Is "SOUL FOOD MARKET" Merely Descriptive of Grocery Store Services? Section 2(f) - Acquired Distinctiveness: TTAB Orders Cancellation of Safety Helmet Registrations Due to Lack of Acquired Distinctiveness Failure-to-Function: Precedential No. Which Upheld TTAB Decision: GRUYERE is Generic for Cheese Precedential No.

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Patently-O

JUNE 1, 2022

That exchange included ownership rights of the LEHMAN BROTHERS trademarks. This collector conclusion raises a number of interesting questions about the role of trademarks. On appeal, the Federal Circuit has affirmed — The Whisky mark is cancelled, and Barclay’s mark remains. .”

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off? Syed Mohideen v.

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Trademark Registering Trademarks Registration Marketing 52

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. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

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Branding Brands Branding Intellectual Property 52

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. As a result, Ferrari’s mark was cancelled concerning vehicles due to non-use but remains valid for toy cars.

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The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. Meenaxi Enterprise, Inc.

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Registration Marketing Marketing Branding 98

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Its cancellation petition for Zenú has been suspended during this litigation. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

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The TTABlog

OCTOBER 3, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten oral hearings for the month of October 2023. Kenneth Harris Hyman , Cancellation No. Chehade , Cancellation No. Seven of the hearings will be held via video conference; three will be "In Person," as indicated below. October 12, 2023 - 2 PM: Hoodrich Ltd v.

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The TTABlog

OCTOBER 18, 2023

The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim.

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Branding Brands Branding Registration 70

IAM Magazine

JANUARY 12, 2022

Russian owners may claim token use to prevent their trademarks being cancelled. However, whether this will be regarded as sufficient evidence of use depends on market conditions and business practices.

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Trademark Marketing Marketing IP 40

IAM Magazine

JANUARY 12, 2022

Russian owners may claim token use to prevent their trademarks being cancelled. However, whether this will be regarded as sufficient evidence of use depends on market conditions and business practices.

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Trademark Marketing Marketing IP 52

The TTABlog

JANUARY 27, 2023

Cancellation No. Petitioner alleged that Respondent American Flash relied on the subject registration in a cancellation proceeding in Saudi Arabia involving petitioner's FIGHTER FLASH mark. trademark application for its mark or any variation thereof. commerce falling within the scope of protection under the Trademark Act.

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Registration Trademark Marketing Marketing 40

The TTABlog

JUNE 29, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 88453313 [Refusal to register ResponsiveAds for advertising, marketing and promotional services and for marketing software, on the ground of mere descriptiveness and lack of acquired distinctiveness.] Cancellations Nos. The hearings will be held via video conference.

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The IPKat

MAY 5, 2023

According to the Trademarks, Patents and Designs Registry , one would receive an acknowledgement of filing of an application immediately upon making/filing an application for trade mark registration. The Tribunal also made an order cancelling the acceptance notice earlier issued to Njemanze. Given the wording of s.22,

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The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Cancellation No.

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The TTABlog

AUGUST 3, 2022

Pet Go Round of Greensboro , Cancellation No. The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Natural Dog Acquisition LLC v. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Respondent established a first use date of December 2013. Universal Foods Corp.,

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Law Registration Designs Design 52

The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

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Trademark Intellectual Property Registration Designs 105

IP Law 360

AUGUST 3, 2021

The Eleventh Circuit has partially revived an Illinois-based marketing and advertising company's trademark fight with a Florida-based business that has a similar name, finding a lower court jumped the gun in canceling the Prairie State company's registrations.

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The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Cancellation No. And so, the Board granted the petition for cancellation. It all boiled down to the first DuPont factor.

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Biswajit Sarkar Copyright Blog

JULY 19, 2023

Trademarks play a vital role for small and big businesses across the globe, serving a unique identity to the products and services of the business. The status of well-known trademark is not granted based on mere unfounded hearsay. This is the reason we have popularly know some trademarks like WIPRO, Cadbury, Parle G etc.

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Trademark Branding Brands Branding 52

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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