The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. Unlike copyrights and patents, U.S. Patent and Trademark Office). federal government did so (see 15 U.S.

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The IPKat

JULY 4, 2021

Patents The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions.

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Blogging IP Designs Design 85

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

For example, the Eurasian Economic Commission successfully cooperates with the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office (EUIPO), the Eurasian Patent Organization (EAPO), as well as diplomatic missions and representatives of other organisations.

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IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).

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IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. Second, IP may be protected differently in the Philippines than in the United States.

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Trademark Intellectual Property Registration IP 86

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. The common law trademark symbols – trademark TM and service mark SM – may be used without a registration. By contrast, a federal trademark registration conveys national rights.

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IP and Legal Filings

JUNE 8, 2022

The Controller-General of Patents, Designs, and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for this Act. However, for the acquisition of the protection, it is mandatory to get your brand registered under the designs act.

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Registration Designs Design Intellectual Property 73

43(B)log

JANUARY 6, 2022

Although the exclusion listed “unfair competition,” that term “does not have a singular, unambiguous meaning.”

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Advertising Advertising False Advertising Intellectual Property 72

The TTABlog

DECEMBER 31, 2021

34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation TTAB Affirms Refusal of "MADE FOR MORE" for Employee Recruitment: Not Rendered for the Benefit of Others Precedential No. Lack of Bona Fide Intent: Precedential No. Lack of Bona Fide Intent: Precedential No.

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LexBlog IP

SEPTEMBER 28, 2021

In 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. Patent & Trademark Office (“PTO”) (THE EBONYS, Registration No. 4,170,469 [the “’469 mark”]). Howard joined the band in the mid-1990s and performed with it for several years.

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Trademark Service Mark Litigation Blogging 52

Kashishipr

JULY 27, 2022

In M&A, IP promotes the growth and development of the business when companies acquire assets like trade secrets, copyright, patents, etc. Development & Growth – Development and growth are the essential aspects of every corporate strategy for profit maximization.

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Intellectual Property Artistic Work IP Marketing 52

IP and Legal Filings

JUNE 9, 2022

The key differences between the two are: Definition – Trade mark is A trademark is an intangible asset that alludes to any form of visual representation be it a word, symbol or phrase which establishes and distinguishes the products or goods manufactured by a company. Both the registrations can be done online as well as offline.

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Registration Designs Design Trademark 64

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer.

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Trademark Intellectual Property Branding Brands 59

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer.

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Trademark Intellectual Property Branding Brands 52

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.

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Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

JANUARY 11, 2022

It tells the world that your trademark passed the grueling United States Patent and Trademark Office (“USPTO”) Office Examination. This mark adds value by telling consumers your mark is high quality, trusted, and that you are presumably policing your brand. . It means that the trademark is used along with services.

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Patently-O

APRIL 20, 2022

The USPTO refused to register Glascoe’s mark SCIENTIFIC STUDY OF GOD for use as a service mark when “analyzing the process of creating a human being, the earth, the universe and its environment.” In re Glascoe (Fed. ” I know what you are thinking–deceptively misdescriptive.

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Service Mark Branding Brands Branding 122

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection.

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Patently-O

JANUARY 26, 2024

I previously wrote about the case here: Crouch, Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions, Patently-O (November 17, 2023). The Lanham Act requires that a trademark identify and distinguish the source of a good or service in order to merit protection.

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Registration Trademark Service Mark Trademark Law 62

LexBlog IP

SEPTEMBER 29, 2022

The TMEP lists ‘a series of tones or musical notes’ and ‘wording accompanied by music’ as two examples of potentially registrable forms of sound marks. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

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Trademark Registration Music Intellectual Property 52

IP and Legal Filings

SEPTEMBER 21, 2021

The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition. However, it would be preferable to register the trade dress with the United States Patent and Trademark Office (USPTO).

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Law Branding Brands Branding 52

Corsearch

AUGUST 30, 2023

That is, if you just make and sell widgets, you cannot get a valid registration for your mark for the services design (class 42), manufacturing (40), marketing (35), and transportation (39), if you do not offer these services by themselves as well. service mark A trademark which designates services rather than tangible goods.

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Trademark Registration Registering Trademarks Designs 52

The TTABlog

JANUARY 23, 2024

The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) It pointed out that in Elster there was no issue as to whether the proposed mark TRUMP TOO SMALL functioned as a source identifier.

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Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) It pointed out that in Elster there was no issue as to whether the proposed mark TRUMP TOO SMALL functioned as a source identifier.

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Patently-O

NOVEMBER 17, 2023

explains that certain types of informational content, such as slogans used by the public to convey sentiments, are typically not registrable because the public is unlikely to perceive them as trademarks or service marks identifying a single commercial source. The Trademark Manual of Examining Procedure (TMEP) § 1202.04

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