IPilogue

SEPTEMBER 16, 2022

However, these appeals were dismissed as the courts ruled that Manolo did not present sufficient evidence of adequate sales in mainland China prior to 2000. As such, no prior use, good faith, or intention for real use of the trademark is required to acquire the exclusive rights over a trademark.

Registering Trademarks 103

Registering Trademarks Trademark Registration Branding 103

LexBlog IP

OCTOBER 25, 2022

In my native state of Iowa, Kwik Trip had been present my whole childhood. Kwik Trip also planted its registered trademark flag in 1996 and 2019 on the Kwik Star brand name to ensure its protection. It is likely because the use of Kwik Trip in Minnesota and Wisconsin is protected as a common law trademark.

Registering Trademarks 52

Registering Trademarks Branding Brands Branding 52

Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. Mosaic presented testimony of its founder (Kaminski) that the SMCII product was on-sale more than 1-year before Ridge’s application filing date. What should I call them now?

Art 124

Art Branding Brands Branding 124

LexBlog IP

FEBRUARY 7, 2024

Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks. The Canadian Trademarks Office is experiencing significant delays and it is difficult to obtain a registration in less than 3 years.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

Canadian Intellectual Property Blog

JUNE 22, 2022

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French.

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

SpicyIP

APRIL 9, 2022

This case while declaring the RPG mark to be a well-known mark discusses certain important issues of trademark infringement by use of the registered trademark by another registered trademark proprietor and use of the registered trademark in a trade name, with respect to dissimilar goods and services.

Registering Trademarks 103

Registering Trademarks Trademark Registration Government 103

SpicyIP

MAY 30, 2024

The Court observed that a proprietor of well-known trademark does not get an “automatic, unabridged and unmitigated right” to file rectification applications. In light of the facts of the present case, the Court observed that the declaration of petitioner’s mark ‘ VANS’ as a well-known trademark may not be relevant.

Trademark 45

Trademark Marketing Marketing Registration 45

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 4 This is the fourth in a series of posts about the benefits of having your trademark registered. A registered trademark isn’t merely a logo or a symbol; it’s an asset with intrinsic value.

Branding 40

Branding Brands Branding Registration 40

Trademark and Copyright Law Blog

OCTOBER 26, 2023

JAZZ ® : a registered trademark of VentureFruit, a “variety management” company based in New Zealand, this is the brand name for the decidedly less cool cultivar name Scifresh (technically Scifresh T-273 ), a cross between the Braeburn and Royal Gala cultivars.

Branding 72

Branding Brands Branding Trademark 72

Patent Trademark Blog

MAY 15, 2023

Amazon sellers need to understand the importance of choosing a brand name for Amazon seller account that, when filed as a trademark application, will present the lowest risk of rejection by the Trademark Office. Need a registered trademark to maximize full benefits of Amazon Brand Registry?

Branding 97

Branding Brands Branding Trademark 97

IP and Legal Filings

OCTOBER 28, 2023

Section 29(4) of the Trade Mark Act of 1999 states that: The trademark needs to be registered and well-known in India. ii] Conclusion Hence, an appropriate rule or determining factor for well-known trademarks is required with a specific end goal to evade irregularity and vagueness.

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

SpicyIP

DECEMBER 11, 2023

Concerning the contention of the defendant that the plaintiff’s trademark should not have been registered in the first place, the court held that Section 31(1) provides for a presumption of validity of a registered trademark and thus dismissed this argument in the context of determining the question of infringement.

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

Trademark 86

Trademark Intellectual Property Registration Registering Trademarks 86

LexBlog IP

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

IP and Legal Filings

JUNE 21, 2023

Trademark infringement is a breach of the exclusive rights of the trademark owner. Infringement of a trademark is a severe offence according to Indian trademark law. It is described as the unlawful use of a registered trademark by another person or business in a manner that is likely to mislead or confuse customers.

Registering Trademarks 88

Registering Trademarks Trademark Trademark Law Branding 88

SpicyIP

MARCH 4, 2022

Vijaya Sai and Others seems to have missed an opportunity to provide clarity on this question in a trademark infringement case hinged around Section 29(2) and (3). The appellant is the proprietor of the registered trademark “RENAISSANCE” for hotels, restaurants, bars, etc, and for the goods commonly found in its hotels.

Registering Trademarks 111

Registering Trademarks Trademark Blogging Government 111

SpicyIP

DECEMBER 5, 2022

The Plaintiff filed the present suit against the Defendant for uploading an audio book titled ‘Mossad: Greatest Mission of the Israeli Secret Service’ on its online platform. The court further reiterated that at this stage the court must take the allegations contained in the plaint to be correct, and thus, passed the present appeal.

Trademark 105

Trademark Registering Trademarks Registration IP 105

The IPKat

APRIL 29, 2024

Yann Basire - Director General of CEIPI and Director of the French section of CEIPI The discussion sought to explore the underlying reasons driving the necessity for trademark modernization and the legal obstacles it presents, against the backdrop of evolving industries, business methodologies, consumer trends, and technological innovations.

Reporting 57

Reporting IP Law Trademark 57

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademark registration proves to be beneficial for the business sector in the following ways- Grant Exclusive rights Registration gives the registered owner exclusive rights to prevent third parties from selling identical or similar items or services using an identical or confusingly similar trademark.

Business 52

Business Trademark Registration Cease and Desist 52

IP and Legal Filings

AUGUST 9, 2023

1 argued that even if the use of a registered trademark in respect of the class “manufactured tobacco” is limited to cigarettes, another manufacturer should not be permitted to use the trademark for manufacturing any product falling under the same class as it may lead to confusion in the minds of consumers.

Registration 74

Registration Registering Trademarks Trademark Branding 74

SpicyIP

AUGUST 22, 2022

30(2)(a) permits usage of a mark relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services or other characteristics of goods or service without infringing on a registered trademark. The precedent set in Consim Info Pvt.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

SEPTEMBER 13, 2021

The plaintiff, running the International Institute of Hotel Management had filed a petition against the defendant, running the Indian Institute of Hotel Management stating that the defendant’s use of the mark ‘IIHM’ and the above-mentioned domain name infringed their registered trademark and amounted to passing off.

Reporting 104

Reporting Registration Trademark Registering Trademarks 104

IPilogue

FEBRUARY 28, 2022

However, the fate of the Gruyère trademark in Canada is still up in the air. Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. Gruyère is presently not appearing on the GI list held by Canadian Intellectual Property Office (CIPO).

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

SpicyIP

SEPTEMBER 8, 2023

Within weeks of its grant, Dabur raised concerns about the ex parte nature of the order, asserting that it had not been granted the due opportunity to present its opposing arguments since the initial hearing took place on August 7, and the order was issued on August 9, 2023, before they could respond.

Registration 111

Registration Trademark Marketing Marketing 111

IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

Trademark 105

Trademark Social Media Registering Trademarks Trademark Law 105

LexBlog IP

SEPTEMBER 28, 2022

The question presented is: Whether the court of appeals erred in applying the Lanham Act extraterritorially to petitioners’ foreign sales, including purely foreign sales that never reached the United States or confused U.S. Such an effect, the court held, sufficiently affects U.S.

Registering Trademarks 52

Registering Trademarks Trademark Intellectual Property 52

SpicyIP

JANUARY 8, 2024

Havells India Limited & Anr vs Cosmic Communication & Ors on 4 January, 2024 (Delhi High Court) Image from here The application for interim injunction was filed by Havells alleging that the use of the mark “HEVALLS” by the defendant in relation to security cameras infringed on its registered trademark “HAVELLS”.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

Kashishipr

MARCH 16, 2022

Trademarks (referred to as logos and brand names in a layman’s language) are the source identifiers intended to safeguard the general public from getting confused about the origin of products and services available in the market.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. It is imperative to note that during the examination stage, a motion mark can never be presented in its pure form.

Registration 105

Registration Trademark Branding Brands 105

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

The most common “work-to-derivative work” pipeline is from books to films, but Barbie ’s toy-to-film pipeline presents an interesting question: if a movie is based on a doll alone, does that make the movie somehow a derivative work of a doll? That might be debatable if indeed the film were based on a single doll, but that’s not the case here.

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

SpicyIP

AUGUST 31, 2023

Likelihood of Confusion to the Public or Likelihood of Association with the Registered Trademark I. Even if the experiences of the two perfumes are the same, there should be no doubt that the present perfume is of a different brand. We will explore the relevance of this further ahead in this post.

Trademark 111

Trademark Advertising Advertising Branding 111

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read the detailed comments authored by Pranav, Praharsh, Swaraj, and Reva on these Rules. .”

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

43(B)log

APRIL 29, 2022

It was not enough to allege that the marketing materials were “misleading as to his present involvement.” But given the benefit of the truth, and the lower-if-present materiality of the allegedly false implication, courts should favor allowing the truth. The allegations related to the use of “M.D.”

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

SpicyIP

AUGUST 7, 2023

The present application was moved by the respondent before the Delhi High Court seeking a stay of the proceedings in the revocation petition. However, the Court relied on the documents produced by the plaintiff and an earlier IPAB order on the same dispute to hold that the defendant’s mark is deceptively similar and passed the present order.

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

Kashishipr

AUGUST 2, 2021

Determination of the infringement shall be made following the process of adjudication, which includes an opportunity for the importer to reply to the notice and present his or her case in a personal hearing. A copy of the show-cause notice will be provided to the rights holder. A copy of the order shall be conveyed to the rights holder.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

NOVEMBER 7, 2022

However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. She highlights how the decision reiterates the importance of adhering to procedural tenets during patent prosecutions.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111