Trademark registration: a boost to any brand’s immune system

Erik K Pelton

The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. Trademark registration is like a vaccine to protect your brand from harms and dangers and risks, because when we get vaccinated, we’re boosting our immune system.

SEYIDOGLU: Even “Incontestable” Trademark Registrations Are Vulnerable to Cancellation

Trademark, Copyright, and Unfair Competition Law B

However, the TTAB found that Petitioner failed to sufficiently demonstrate Nema Food Distribution’s intent to deceive the trademark office in procuring the SEYIDOGLU registration and dismissed Petitioner’s claim for fraud. Incontestable Trademark Registrations Are Not Bulletproof.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trademark Audit: How to lose your trademark registration

Patent Trademark Blog

A trademark audit is a USPTO program to check random trademark registrations to see if the registered trademark is still in use. Known as the Post Registration Audit Program , the goal of the USPTO is to bolster the accuracy and reliability of its trademark register. Audits give the USPTO a way to cancel registrations for trademarks no longer in use with the exception of marks with excusable nonuse. Which trademark registrations bear a greater risk of being audited?

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957. Overview.

Department of Commerce issues report finding that “USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations”

Erik K Pelton

“Overall, we found that USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations.

Trademark Use vs. Registration: What is the difference?

Patent Trademark Blog

Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration. The US differs from certain foreign countries that enable registration of a mark without use. Why register a trademark if you can use it without a registration?

What To Do When Your Trademark Registration Is Not Renewed

Patent Trademark Blog

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance. The time period for maintaining a registration is typically a 1-year window that begins and ends on very strict dates. Let’s look at your options when your trademark registration is not timely renewed.

Supreme Court to Hear Case Regarding When Providing Inaccurate Copyright Registration Information Affects a Registration’s Validity

JD Supra Law

to determine whether invalidation of copyright registrations under Section 411(b) of the Copyright Act has an intent-to-defraud the Copyright Office requirement. A valid copyright registration is a prerequisite to bringing an infringement suit in federal court.

Bad Faith in Using “Cham”: Champengwine Denied TM Registration in Singapore

IP and Legal Filings

The word “Champengwine” was denied registration by the Registrar in Singapore stating bad faith on the part of the Applicant. The applicant as a part of their business applied for registration of the mark “Champengwine” in Singapore.

Commerce Office of Inspector General Says USPTO is Failing to Prevent Fraudulent Trademark Registrations

IP Watchdog

Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. The report ultimately found that the trademark registration process was ineffective in this respect.

Trademark registration is better late than never

Erik K Pelton

It is never to late to try to take advantage of the many benefits of USPTO trademark registration. Even a business that has been operating for years without a trademark registration would generally benefit from trying to enhance the protection for the brand by finally registering it.

PROCEDURE FOR TRADEMARK REGISTRATION IN INDIA

Biswajit Sarkar Copyright Blog

On the other hand, the same decided in favor of the applicant, the trademark goes for registration. Registration of Trademark. If the accepted trademark is not opposed during the advertisement for 4 months, then it will proceed for trademark registration.

Trademark registration works 24/7/365 to guard a brand in the USPTO database

Erik K Pelton

Trademark registration guards a brand in the USPTO database 24 / 7/ 365 when other people are research new brand name possibilities, and when examiner are reviewing new trademark applications for possible conflicts.

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

The IPKat

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda.

Checking for trademark registration renewal deadlines

Erik K Pelton

The following is an edited transcript of the video below, entitled How to Check Trademark Registration Deadlines. t’s very important to be timely when renewing trademark registrations with the USPTO. Put in your registration number, and then click the “Status” button.

USPTO Moves Ahead with Changes to Patent Bar Registration

IP Watchdog

Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) for admission to the registration exam to practice in patent cases before the Office.

Vaccinate Your Brand with Trademark Registration

Erik K Pelton

The post Vaccinate Your Brand with Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Just like a vaccine strengthening and boosting your immune system, so does protecting your brand by registering it in the USPTO database. What else can you do to boost your brand protection in this age of the pandemic and beyond? In this episode, Erik injects his insights on how to get better trademark protection.

Trademark Registration = a Vaccine to Protect Your Brand From Danger

Erik K Pelton

Trademark registration acts much like a vaccine: a proactive step to help a brand fight off potential infringers 24/7 by appearing in the USPTO database, and by strengthening the brand’s immunity system in the event of an infringement or dispute.

Having Trademark Registration is Like Double Insurance for Your Brand

Erik K Pelton

Trademark registration can act like fire insurance, smoke detectors, and fire extinguishers to safeguard your brand. The post Having Trademark Registration is Like Double Insurance for Your Brand appeared first on Erik M Pelton & Associates, PLLC. Trademark registration can act like fire insurance, smoke detectors, and fire extinguishers to safeguard your brand.

Trademark Registration works for the owner, even in their sleep

Erik K Pelton

There are several key benefits to trademark registration. So, once it’s registered, the registration is literally working for the owner 24/7. Having the registration also makes it easier to deal with any possible infringers.

Protection from a trademark registration – it never sleeps

Erik K Pelton

” A trademark registration’s protection never sleeps too: it can appear in searches of the USPTO database conducted 24/7. The post Protection from a trademark registration – it never sleeps appeared first on Erik M Pelton & Associates, PLLC

Trademark registration: a brand’s best safety feature

Erik K Pelton

Trademark registration is the #1 safety feature for brand; like seat belts in a car. The post Trademark registration: a brand’s best safety feature appeared first on Erik M Pelton & Associates, PLLC

KVIC Secures Trademark Registration for “Khadi” in Bhutan, Mexico, and UAE

IP and Legal Filings

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. It is not the first time that the brand “Khadi” gets its registration in other countries.

Customs and Border Patrol Registration for Your Trademark

Erik K Pelton

The post Customs and Border Patrol Registration for Your Trademark appeared first on Erik M Pelton & Associates, PLLC. Many business owners may not realize that if they deal with tangible goods, they can protect their brand with U.S. Customs and Border Protection in addition to the USPTO. In this episode, Erik details how to add this tool to your brand protection toolkit.

Protecting our Trademark Customers with Federal Registration of USPTO Marks

U.S. Department of Commerce

Protecting our Trademark Customers with Federal Registration of USPTO Marks. Or if a business appearing to be affiliated with the USPTO solicits fees to help file your application and perform other registration services for you at a price that seems too good to be true.

Position trademarks are now available for registration in Brazil

IAM Magazine

While some of the details still need to be ironed out, permitting such marks for registration signals a great step forward for brand protection in the country. The Brazil National Institute for Industrial Property is now processing position marks.

How can a design mark be distinguishable and registrable over a word mark?

Patent Trademark Blog

How will a design mark application be compared to a word mark registration? The issue arises when a design mark application is rejected as being confusable with a word mark registration containing similar wording, but no graphics or logos. Moreover, a word mark registration is entitled to all depictions of the standard character mark regardless of font style, size or color. The post How can a design mark be distinguishable and registrable over a word mark?

Registration is the ultimate ‘level up’ in the game of trademark protection

Erik K Pelton

Registration is the ultimate ‘level up’ in the game of trademark protection. The post Registration is the ultimate ‘level up’ in the game of trademark protection appeared first on Erik M Pelton & Associates, PLLC

Trademark Registrants, Take Note: COVID-19 Presents Some Challenges for Maintaining Trademark Registrations

McBayer IP Blog

More > Tags: Section 8 declaration , Trademark , Trademark Act , Trademark Protection , trademark registration , Trademarks , U.S.

161 Trademark Registrations Issued to Indiana Companies in August 2021

Indiana Intellectual Property Law

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in August 2021 based on applications filed by Indiana trademark attorneys: Reg. The U.S.

One of the Best Features of a Trademark Registration: It Never Sleeps

Erik K Pelton

A trademark registration never sleeps as it works for the owner 24/7/365. The post One of the Best Features of a Trademark Registration: It Never Sleeps appeared first on Erik M Pelton & Associates, PLLC. A trademark registration never sleeps as it works for the owner 24/7/365.

Do I need to use the ® registration symbol with my trademark? (video)

Erik K Pelton

In this video Erik presents the pros and cons of using your registration symbol with your trademarks, when eligible. The post Do I need to use the ® registration symbol with my trademark? If Apple does not use the ® with their trademark why should you?

H1-B cap registration opens March 9

IP Spotlight

Tech companies and other employers note: H1-B cap registration opens March 9, 2021. Full details are available at this blog post by my partner Catherine Wadhwani , published on Fox Rothschild’s Immigration View

Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System

Copyright Alliance

The post Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System appeared first on Copyright Alliance.

161 Trademark Registrations Issued to Indiana Companie in July 2021

Indiana Intellectual Property Law

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in July 2021 based on applications filed by Indiana trademark attorneys: Reg. The U.S.

43(a)(1)(A) claims are hard to win against a TM registrant

43(B)log

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t. Zamfir v.

The dire need for a Post Registration Trademark Audit Program in India

Selvam & Selvam Blog

The USPTO’s Post Registration Audit Program. Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. The need for a Post Registration Audit Program in India.

Coca-Cola Successfully Petitions to Cancel Trademark Registrations Based on Misrepresentation of Source

JD Supra Law

Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products outside of the U.S., including in India.

TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality

Above the Fold

s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under Section 2(e)(5). In view of this analysis the TTAB cancelled the Registration under Section 2(e)(5).

Photographers: New Copyright Registration Laws Are Going into Effect

Art Law Journal

Copyright Office will alter the way it accepts applications for copyright registration of photographs. Intellectual Property Art Law Contracts Copyright Act Copyright RegistrationChris Reed. On February 20, The U.S.

Batman Found A New Enemy: Furniture Trademark Registrations

LexBlog IP

mentions a founding date of 2000 on their website and request registration for Dark Knight in association with armchairs and other furniture. To continue reading, click: Batman Found A New Enemy: Furniture Trademark Registrations.

CAFC Vacates and Remands TTAB's IBKÜL Decision: The KÜHL Registration It Relied On Was Cancelled

The TTABlog

Note that although the CAFC said "the KÜHL mark was cancelled," we all know that registrations are cancelled, not marks. Its other pleaded registrations are for the marks KUUL, KUHL, and KÜHL (in stylized form), all for various clothing items. In its decision ( here ) finding likelihood of confusion between the mark IBKÜL (stylized) and the mark KÜHL , both for clothing items, the Board considered only one of four of Alfwear's registered marks. TTABlogged here ].

Do I Need to Use the Registration Symbol ® with My Trademark?

Erik K Pelton

Listen to this podcast when Erik presents the pros and cons of using your registration symbol with your trademarks. The post Do I Need to Use the Registration Symbol ® with My Trademark? Listen to this podcast when Erik presents the pros and cons of using your registration symbol with your trademarks. If Apple does not use the ® with their trademark why should you?