JD Supra Law

JUNE 14, 2023

The Trademark Trial and Appeal Board (TTAB) decided the case of Yuzu Labs Public Benefit Corporation, 2017 WL 3102592. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). By: Whitcomb Selinsky, PC

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IP Watchdog

MAY 15, 2024

On May 13, trademark law firm Chestek PLLC filed a petition for writ of certiorari asking the U.S. Patent and Trademark Office’s (USPTO) promulgation of rules requiring trademark applicants to disclose their domicile address to the agency. Supreme Court to take up a challenge to the U.S.

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Trademark Trademark Law Law Patent 64

IP and Legal Filings

SEPTEMBER 16, 2021

The inculcation of such features into products and services has snowballed into the rise of a separate class of trademarks known as ‘non-conventional trademarks’. Global and Indian laws concerning smell trademarks. Smell marks and Indian trademark laws. [Image Source: gettyimages].

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IP Intelligence

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark abroad only if that use is likely to cause confusion in the United States.”

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Trademark Law Trademark Law Patent Law 52

LexBlog IP

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark law, allowing U.S. trademark law, allowing U.S.

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Trademark Law Trademark Law Patent Law 52

The IPKat

MAY 11, 2024

obtained a US plant patent ( No. You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’. Why does the patent use a different name from the registered trademark? The producers of this luxury fruit, Fresh Del Monte Produce Inc.,

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Trademark Registering Trademarks Marketing Marketing 109

Patently-O

NOVEMBER 29, 2021

This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. Brittex Financial v. Dollar Financial ( Fed.

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Trademark Law Trademark Law Registration 79

SpicyIP

JANUARY 2, 2024

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. image from here Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law By Prof.

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SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. 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.

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Cease and Desist Trademark Registering Trademarks Business 98

Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark.

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Trademark Trademark Law Branding Brands 120

Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. Patent Office Action deadlines are extendable. And, until recently, trademark Office Action deadlines were not extendable. Things change.

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Trademark Blogging Registration Trademark Law 98

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

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Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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IP Watchdog

MARCH 20, 2023

Elsewhere, the Hudson Institute is holding an event one day before the Supreme Court hears oral arguments in a case that could have big implications for trademark law. In the House, the Committee on Foreign Affairs will hear from Secretary of State Antony Blinken on competition with China.

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Trademark Law IP Trademark Law 52

Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

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IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

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Patent Trademark Blog

NOVEMBER 8, 2023

Can you speed up a China trademark application? Starting in 2022, you can now seek a faster registration of your trademark in China. The Chinese trademark office, known as the China National Intellectual Property Administration (CNIPA) , will now accept requests for expedited trademark examination.

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Trademark Registration Intellectual Property Trademark Law 52

JD Supra Law

NOVEMBER 6, 2023

trademark law, Vidal v. Patent and Trademark Office (USPTO) to register the phrase TRUMP TOO SMALL as a trademark violates the free speech right under the First Amendment. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S.

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Social Media Trademark Trademark Law Blogging 73

The TTABlog

MARCH 7, 2022

Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law" (pdf here ). He charges that "[i]n demanding compliance with sundry nontrademark laws, the PTO has lost sight of the statute it is supposed to administer."

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Trademark Law Law Trademark Registration 52

Patently-O

MAY 28, 2024

The names in this case are a bit confusing — often the case in trademark disputes. The same trademark attorney handled all these cases for Mr. Hobbs through “his” various companies. The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration.

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LexBlog IP

OCTOBER 3, 2023

Trademark Protection for Board Games by Yuri L. Eliezer.block-content { padding-top: 12px; background-ffffff; background-image: none; } Trademark Protection for Board Games: Unlock the Potential of Trade Dress for Your Board Game Table of Contents: What is Trade Dress Protection? Take, for instance, a Coca-Cola bottle.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

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Registration Trademark Blogging Law 74

JD Supra Law

OCTOBER 4, 2022

Similar treaties already exist in the area of Patents (Patent Law Treaty of 2000) and Trademarks (Trademark Law Treaty of 1994 and Singapore Treaty on the Law of Trademarks of 2006). By: AEON Law

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Designs Design Law Intellectual Property 98

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. What is a Trademark?

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IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

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Trademark Registration Technology Trademark Law 105

Garrigues Blog

FEBRUARY 21, 2023

Since January 14, the Spanish Patents and Trademarks Office (SPTO) has been responsible for hearing applications for invalidity and revocation of trademarks. We take a look at the biggest risk faced by applicants seeking invalidity of a trademark on relative grounds. Pursuant to article 58 et seq.

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Trademark Trademark Law Patent Registration 52

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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JD Supra Law

JULY 25, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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Trademark Registering Trademarks Trademark Law Publishing 65

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

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.

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Registration Trademark Intellectual Property Intellectual Property Law 162

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. Pelton & Associates, PLLC Regarding “Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule” The following are comments provided by Erik M.

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JD Supra Law

JANUARY 12, 2022

Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021. With the issuance of implementing regulations for the TMA by the U.S.

Trademark 52

Trademark Trademark Law Law Patent 52

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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IP Intelligence

JANUARY 1, 2024

As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting. Recently, the fraudulent scammers have become more sophisticated with their solicitations by claiming to be attorneys or law firms with expertise in trademark law.

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The TTABlog

FEBRUARY 6, 2024

In his article, "Queer Trademarks," Michael P. Goodyear, Acting Assistant Professor at New York University School of Law and Fellow at the Engelberg Center on Innovation Law Policy, provides an enlightening analysis of the impact of Matal v. Brunetti on the registration of trademarks that refer to LGBTQ+ persons.

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