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.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Exclusive Trademark Rights for Trademark Owners in India.

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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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IP Tech Blog

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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

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IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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IP and Legal Filings

JUNE 21, 2023

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

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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.

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LexBlog IP

JULY 22, 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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JD Supra Law

MARCH 16, 2022

In fact, there is also “quarantine” in the field of trademarks. As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life.

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Kashishipr

SEPTEMBER 20, 2021

According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both. It also mentioned that their copyright assignment wasn’t valid.

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SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The precedent set in Consim Info Pvt.

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LexBlog IP

OCTOBER 25, 2022

The reason why my childhood featured Kwik Star, while those of my Wisconsin peers featured Kwik Trip, is a product of none other than trademark law. Kwik Trip also planted its registered trademark flag in 1996 and 2019 on the Kwik Star brand name to ensure its protection. Registered trademarks are valuable.

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Above the Fold

JULY 22, 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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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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IP and Legal Filings

JANUARY 27, 2023

[i] [image Sources : Shutterstock] Properly called, a trademark denotes origin or acts as a flag of origin since its primary function is to identify the source or origin of products or services. In other words, trademarks identify a certain corporation as the source of products or services.

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IP and Legal Filings

NOVEMBER 1, 2023

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. The injured mark must have a reputation in India.

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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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”

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IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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IP and Legal Filings

OCTOBER 28, 2022

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. Article 1(1) of Indonesia’s Trademark Law defines trademark.

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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.

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The IP Law Blog

JUNE 23, 2023

Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.

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IP Intelligence

JANUARY 1, 2024

Recently, the fraudulent scammers have become more sophisticated with their solicitations by claiming to be attorneys or law firms with expertise in trademark law. They are targeting both new application filers and established companies with registered trademarks.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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azrights

OCTOBER 27, 2023

The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand. It doesn’t give you a monopoly if you chop and change your design because then you’re not using the registered trademark. Otherwise, the business is at risk of losing its trademark.

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IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

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Likelihood of Confusion

JUNE 4, 2022

Thorne, legal marketing wordsmith extraordinaire, wonders: Why would a court opinion use the magic ® symbol to refer to one registered trademark and not others? And why would an. The post Through WINDOWS®, darkly appeared first on LIKELIHOOD OF CONFUSION™.

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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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Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Coming to the prospect of trademark protection for using the word “Santa Claus” or the character of Santa Claus being used to identify the products or services of one brand from another, U.S has several registered trademarks depicting various creative images of Santa Claus. Most trademarks registered in the U.S

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IPilogue

MARCH 20, 2023

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. The motion court first hearing the case misapplied the fundamental principles of trademark law.

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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, if the hashtag consists of an existing registered trademark, it will aid in Trademark Registration. What’s in a #Hashtag?

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Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

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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. Patent and Trademark Office, because the examiner asserts that the applied-for mark is likely to be confused with the registered trademark.

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Intepat

DECEMBER 21, 2021

Is the Trademark Act applicable to QR Codes? As Trademark Law only protects elements that allow the public to easily identify the goods and services, such as names, logos, slogans, sounds, or colours, QR codes cannot be trademarked on their own. Judicial Decision.

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where you need a trademark lawyer or agent to step in. Who is a trademark lawyer? Why hire a trademark lawyer? Before you register a trademark, you need to ensure that it is distinctive.

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IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved.

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SpicyIP

AUGUST 31, 2023

Likelihood of Confusion to the Public or Likelihood of Association with the Registered Trademark I. While this argument appears compelling in terms of product usage, trademark law places greater emphasis on the “likelihood of confusion” at the time of purchase.

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