Patent, Service Mark and Trademark Law - Intellectual Property Pulse

The Interplay between Religious Sensitiveness and Trademark Law in India

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).

Trademark Law

Trademark Law Trademark Law Service Mark

Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

IP Intelligence

NOVEMBER 15, 2021

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] ( CHiP ).

Service Mark

Service Mark Registration Trademark Business

Call for Nominations for IPLAC Creator of the Year

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law

Intellectual Property Law Intellectual Property Service Mark Invention

Call for Nominations for IPLAC Creator of the Year

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law

Intellectual Property Law Intellectual Property Service Mark Invention

IP as a political instrument in Russia

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.

IP

IP Branding Brands Branding

Trademark: What’s In it for You?

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. But trademarks are not mentioned in that foundational document.

Trademark

Trademark Government Copyright Service Mark

Protection of Trademarks in Cambodia

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

Trademark Service Mark Intellectual Property Registration

Federal Circuit on TM Law’s Information Matter Doctrine

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.

Registration

Registration Trademark Service Mark Trademark Law

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

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.”

Trademark

Trademark Registration Music Intellectual Property

Trademark Glossary of Terms

Corsearch

AUGUST 30, 2023

The main factors in determining the likelihood of confusion are the similarity of the marks themselves and the similarity of the products for which the mark(s) will be used (or registered), but a number of other factors can also be a part of theequation, such as price, channels of sale, target customer groups, and actual confusion.

Trademark

Trademark Registration Registering Trademarks Designs

Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions

Patently-O

NOVEMBER 17, 2023

In other words, it must be able to indicate the source of the applicant’s goods or services and distinguish them from others. This requirement stems from the core purpose of trademark law, which is protecting the ability of consumers to readily identify the sources of goods and services.

Trademark

Trademark Registration Trademark Law Service Mark

At USPTO's Request, CAFC Re-designates as Precedential Its EVERYBODY VS RACISM Failure-to-Function Affirmance

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) The TMEP is not the law - ed. ].

Designs

Designs Design Registration Service Mark

CAFC Affirms TTAB: "EVERYBODY VS. RACISM" Fails to Function as a Source Indicator for Bags, Clothing, and Public Interest Services

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) The TMEP is not the law - ed. ].

Registration

Registration Service Mark Trademark Trademark Law

Intellectual Property Pulse

The Interplay between Religious Sensitiveness and Trademark Law in India

Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

Trending Sources

Call for Nominations for IPLAC Creator of the Year

Call for Nominations for IPLAC Creator of the Year

IP as a political instrument in Russia

Trademark: What’s In it for You?

Protection of Trademarks in Cambodia

Federal Circuit on TM Law’s Information Matter Doctrine

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

Trademark Glossary of Terms

Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions

At USPTO's Request, CAFC Re-designates as Precedential Its EVERYBODY VS RACISM Failure-to-Function Affirmance

CAFC Affirms TTAB: "EVERYBODY VS. RACISM" Fails to Function as a Source Indicator for Bags, Clothing, and Public Interest Services

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