IP and Legal Filings

OCTOBER 28, 2022

Patent: Blockchain-related inventions can be protected as patents. 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. Trademark: NFTs may also be protected as a trademark.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Cease and Desist Trademark Registering Trademarks Business 95

IP Intelligence

JANUARY 1, 2024

Trademark owners should be wary of official-looking email solicitations from attorneys or law firms that claim to specialize in trademarks and are masquerading as Good Samaritans who wish to aid in protecting the company’s brand against another company that has contracted that firm to register the same mark.

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Trademark Branding Brands Branding 59

Erik K Pelton

OCTOBER 29, 2021

”, you may get more than one answer, because there is a lot of gray area in trademark law and a lot of gray area in what makes up a likelihood of confusion. Party A is telling party B to stop doing something with their trademark or stop using it because they believe it is creating a likelihood of confusion.

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Trademark Registering Trademarks Editing Trademark Law 147

IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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Trademark Registration Trademark Law Law 66

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. Furthermore, it can help the proprietor prevent any third party from using the said hashtag incorporating a trademark in the course of trade to gain a commercial advantage.

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Trademark Registration Registering Trademarks Social Media 105

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

FEBRUARY 29, 2024

Trademark law has something to say about use. Consider the difference between copyright law — which is meant to encourage creativity for the benefit of society–and trademark protection, which is about identifying the source of goods and services and avoiding consumer confusion. 3] CA Copyright Act, s.

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Public Domain Intellectual Property Copyright Trademark 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. On September 28, 2021 , The Hershey Co. chocolate company (“Hershey”) filed a lawsuit against Californian cookie maker The Cookie Department Inc.

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Cease and Desist Branding Brands Branding 106

The TTABlog

JANUARY 26, 2023

They think that they must “get” a trademark by filing an application with the U.S. Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. In the U.S. Supreme Court’s opinion in Matal v. It's a fundamental principle of U.S.

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Trademark Registration Trademark Law Business 62

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.

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Trademark Trademark Law Television Registering Trademarks 52

IP and Legal Filings

MAY 17, 2022

As a part of our comprehensive service, we conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. This being an important part makes the brand owner avoid any further litigation.

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Registration Trademark Trademark Law Publishing 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.

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Trademark Registration Registering Trademarks Intellectual Property 40

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. We are here to help you.

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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. We are here to help you.

Trademark 52

Trademark Branding Brands 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

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.

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Editing Law IP Designs 105

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

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Trademark Intellectual Property Trademark Law Registration 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This strategy has roots in ancient times when Queens and Popes were sought after to endorse patent medicines, a tactic that has consistently proven effective. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

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Intellectual Property Registration Trademark Personality Rights 76

LexBlog IP

JANUARY 14, 2022

Anything that communicates to consumers what the source is of a product or service could be registrable as a trademark. The United States Patent & Trademark Office (“USPTO”) has registered color marks, smell marks, sound marks, trade dress, logos, and of course word marks.

Social Media 52

Social Media Branding Brands Branding 52

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. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement. However, in the case of Dolphin Laboratories Pvt.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

Kashishipr

MAY 11, 2022

For instance, ‘Orange’ may be distinctive as a trademark for a drink, but the orange color claimed for the packaging of the drink’s bottles would be non-distinctive. Cadbury UK Limited vs. The Comptroller General Of Patents Designs And Trademarks & Société Des Produits Nestlé S.A. Case No: A3/2016/3082).

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Trademark Law Trademark Law Branding 105

LexBlog IP

SEPTEMBER 13, 2023

2024 Changes to International Trademark Classifications by Melanie Lane Understanding WIPO’s 2024 Nice Classification Changes: Impact on the USPTO’s §6.1 Trademark Act. trademark classifications. This rule specifically amends § 6.1 What is § 6.1 of 37 CFR Part 6?

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Trademark Intellectual Property Editing Registration 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. TTAB cancellation actions can be a good option to enforce your trademark rights and cancel an opponent’s registration, but there are many factors to consider. For more information about trademark law, check out the other blogs on Fish’s website.

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Registration Trademark Litigation Blogging 52

azrights

OCTOBER 18, 2021

While most people know that the name is an important choice, there is less awareness of what actually constitutes a good name from a trademark perspective. Provided a name is well chosen, it can provide patent like protection against certain types of competitor activity. Trademarks impact what you should choose to create.

Branding 52

Branding Brands Branding Trademark 52

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.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. trademark trial over ‘MetaBirkin’ NFTs. lawsuit over infinity-logo trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

Patent Trademark Blog

APRIL 28, 2022

In contrast, many foreign countries give trademark rights to the first filer. US trademark law is different. What can a common law trademark owner do? Even without a registered trademark, a common law trademark owner can still have significant rights.

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Trademark Law Cease and Desist Registration 52

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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Trademark Trademark Law Intellectual Property Ownership 105

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

Corsearch

AUGUST 30, 2023

Who is a trademark applicant? Anyone who applies for a registered trademark. The concept of likelihood of confusion is central in trademark law, which is why the entire TrademarkNow system is built around a computational model representing this key factor. must use a local representative. This is called priority.

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Trademark Registration Registering Trademarks Designs 52

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

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Trademark Branding Brands Branding 105

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” ”: Trademarks Using Holy Names and Words. registered trademarks: Elohim—4. That book has a U.S.

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Intellectual Property Invention Trademark Copyright 52

Kashishipr

AUGUST 18, 2021

’ Little Caesar argued that the mark signifies a family of double-worded trademarks, just like its famous ‘Pizza! ’ trademark. However, the same was rejected by the US Patent and Trademark Office (USPTO) on the ground that ‘Deep!

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Trademark Registration Branding Brands 105

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. In H Lundbeck A/S v.

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IP Intellectual Property Copyright Trademark 143

SpicyIP

SEPTEMBER 8, 2023

The High Court has previously done some serious back-and-forth on its stance to grant these particularly unfair forms of remedy (discussed here and here in context of patent disputes). The ongoing practice of securing favorable orders without considering the defendant’s perspective has led to a slew of issues.

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