Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

Patent Trademark Blog

JULY 11, 2023

Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Is your mark too similar to a registered trademark? How do you know if your trademark search is adequate?

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Trademark Registering Trademarks Due Diligence Registration 52

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. These key questions i.e., what is the objective behind a user’s search and what is the purpose of a search engine form an important focal point of the Delhi High Court’s decision in Google v. Amit Sibal. DRS Logistics.

Advertising 97

Advertising Advertising Trademark Branding 97

Patent Trademark Blog

AUGUST 23, 2023

Our firm, Innovation Capital Law Group, offers unprecedented patent and trademark legal services under the Attorney Fee Guarantee SM brand. Our Attorney Fee Guarantee SM brand of services means the opposite of what it sounds like. Want to qualify for our firm’s Attorney Fee Guarantee SM trademark program ?

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Branding Brands Branding Trademark 40

Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? How can you avoid these pitfalls?

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Branding Brands Branding Trademark 97

LexBlog IP

JULY 26, 2023

Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. as a trademark). .” VIP Products LLC , handed down June 8, 2023, unanimously overturned the U.S.

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Trademark Branding Brands Branding 52

Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How does my trademark track record compare to others?

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Trademark Registration Publishing Registering Trademarks 98

LexBlog IP

JUNE 13, 2022

As a trademark attorney (since I can’t seem to turn it off), I appreciate the legal complications of product placement. Mutually beneficial product placements are interesting, but what is perhaps more interesting is what happens if the brand owner doesn’t like the way their brand is portrayed in a film.

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Trademark Registering Trademarks Branding Brands 52

Patent Trademark Blog

JULY 7, 2022

What is a trademark counterclaim? A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. Has the plaintiff pleaded its trademark registrations? Compulsory Counterclaims vs. Permissive Counterclaims: What are the differences?

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Trademark Registration Registering Trademarks Settlement 52

Patent Trademark Blog

MARCH 10, 2022

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use. So X equals never used.

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Registration Registering Trademarks Trademark IP 98

Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Has your trademark registration ever lapsed?

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Cease and Desist Trademark Litigation Intellectual Property 98

Patent Trademark Blog

APRIL 20, 2022

What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. It is often the first and only question asked of our trademark filing services. Trademark filings have become commoditized. I’m not surprised.

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Trademark Registration Registering Trademarks Blogging 52

SpicyIP

MARCH 4, 2022

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. Vijaya Sai and Others. Vijaya Sai and Others. Sangita Sharma.

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Registering Trademarks Trademark Blogging Government 111

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

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Trademark Fair Use Registration False Advertising 59

Kashishipr

MAY 18, 2022

The simplest mechanism of achieving the same is through Trademark Registration. The prime purpose of a trademark is to help people identify and recognize the origin or source of a specific product or service. The prime purpose of a trademark is to help people identify and recognize the origin or source of a specific product or service.

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Trademark Registering Trademarks Marketing Marketing 45

Patent Trademark Blog

SEPTEMBER 20, 2023

If your product looks substantially similar to what is covered by a design patent, then adding a logo will not magically help you escape infringement. If your product looks substantially similar to what is covered by a design patent, then adding a logo will not magically help you escape infringement. Trademarks vs.

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Design Patent Designs Design Patent Application 52

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. [ This post has been authored by SpicyIP Intern Kevin Preji.

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Trademark Registering Trademarks Registration False Advertising 59

43(B)log

FEBRUARY 23, 2023

The court granted a motion to dismiss on lack of likely confusion. Dfinity sued for federal and state trademark infringement. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding. Dfinity is a nonprofit organization that runs the Internet Computer, a public blockchain network.

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Designs Design Registration Trademark 59

Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

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Trademark Registration Registering Trademarks Blogging 40

azrights

OCTOBER 27, 2021

Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. Essentially this is the role of brand codes – to uniquely identify your brand so there is no confusion.

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Branding Brands Branding Copying 52

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The plaintiff on the other hand contended that they were the original adopter, prior user, and registered proprietor of the mark ‘Fly High’ with use claimed since the year 2004.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

SpicyIP

AUGUST 7, 2023

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Anything important we’re missing out on? Drop us a comment below! The last date to apply is August 12, 2023. Case: Dr. Reddys Laboratories Ltd.

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Copyright Infringement Trademark Law Copyright 98

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners.

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Intellectual Property IP Copyright Infringement Copyright 72

43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Zamfir alleged that CasperLabs had agreed to register the marks on his behalf and to transfer the marks to him, but didn’t do so; CasperLabs denied any such agreement.

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Registration Social Media Trademark Registering Trademarks 72

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. Chutter, Inc., 2022-1212). 1:08-CV-975-TWT) in 2008.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

Intepat

MAY 24, 2023

What is the Madrid System? More and more countries have signed up to this unique international trademark registration system. Through the Madrid System, WIPO offers centralized registration and management of international trademarks. The process of trademark registration internationally under the Madrid System can be read here.

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Registration Trademark Intellectual Property Reporting 52

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.

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Trademark Non-Fungible Tokens Branding Brands 40

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. With that basic structure, let’s review them and sort out some of the confusing aspects of each. How do I get a Copyright?

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

What can you do? One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. A cancellation action is a specialized proceeding in which the TTAB determines whether your opponent’s trademark violates your trademark rights.

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Registration Trademark Litigation Blogging 52

LexBlog IP

NOVEMBER 29, 2022

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” ” 15 U.S.C. 1114(1)(a); 15 U.S.C. 1125(a)(1). § 1121(a). Abitron Austria GmbH v.

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Trademark Law Branding Brands 52

The IP Law Blog

APRIL 22, 2021

In the 9th Circuit (as well as the 2nd, 5th, 6 th , and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game, etc., including as part of the title of an expressive work) is the 2nd Circuit’s test from the 1989 case of Rogers v.

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Television Trademark Registering Trademarks Art 52

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. With just a basic understanding of each type of Intellectual Property, you’ll be able to determine whether your work can be protected and what you should do to make it happen.

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Intellectual Property IP Invention Designs 52

Patent Trademark Blog

MAY 8, 2024

What if someone else filed for a similar trademark first? I can’t tell you all the reasons why people delay filing a trademark application. Others have already applied for similar trademarks. What are your options if you wish to file for a similar trademark? Need guidance on registering a trademark?

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Trademark Registration Registering Trademarks Blogging 52

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Designs Design Trademark Cease and Desist 52

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. See registration fee.

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Trademark Registration Registering Trademarks Designs 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

Business 52

Business Trademark Registration Cease and Desist 52

Kashishipr

OCTOBER 6, 2021

Part of this research includes performing a Trademark Clearance Search. A trademark clearance search is vital because it allows you to get ahead of obstacles and avoid potential legal issues before they arise and before the company invests time and resources in developing its trademark. Elements of Trademark Clearance.

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Business Trademark Cease and Desist Registration 105