Expert insights. Personalized for you.
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
More > Tags: Section 8 declaration , Trademark , Trademark Act , Trademark Protection , trademark registration , Trademarks , U.S. MORE
” 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 MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
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? MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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? MORE
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. MORE
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. MORE
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. MORE
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). MORE
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. MORE
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. MORE
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 MORE
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. MORE
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? MORE
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. MORE
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. MORE
“Overall, we found that USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations. MORE
sofTMware® : a free tool for monitoring the status of trademark applications and registrations. The post sofTMware® : a free tool for monitoring the status of trademark applications and registrations appeared first on Erik M Pelton & Associates, PLLC MORE
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. MORE
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 MORE
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. MORE
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. MORE
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? MORE
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 ]. MORE
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? MORE
Registration Related Topics 
Erik K Pelton
JULY 6, 2021
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.
Trademark, Copyright, and Unfair Competition Law B
AUGUST 20, 2021
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.
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Patent Trademark Blog
JUNE 3, 2021
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?
Kashishipr
SEPTEMBER 20, 2021
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.
Erik K Pelton
AUGUST 14, 2021
“Overall, we found that USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations.
Patent Trademark Blog
SEPTEMBER 7, 2021
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?
Patent Trademark Blog
SEPTEMBER 13, 2021
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.
JD Supra Law
JULY 7, 2021
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.
IP and Legal Filings
AUGUST 6, 2021
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.
IP Watchdog
AUGUST 19, 2021
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.
Erik K Pelton
SEPTEMBER 29, 2020
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.
Biswajit Sarkar Copyright Blog
SEPTEMBER 16, 2021
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.
Erik K Pelton
AUGUST 2, 2021
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.
The IPKat
SEPTEMBER 9, 2021
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.
Erik K Pelton
JULY 27, 2020
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.
IP Watchdog
SEPTEMBER 23, 2021
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.
Erik K Pelton
APRIL 28, 2021
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.
Erik K Pelton
FEBRUARY 22, 2021
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.
Erik K Pelton
JULY 20, 2021
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.
Erik K Pelton
JANUARY 19, 2021
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.
Erik K Pelton
NOVEMBER 5, 2020
” 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
Erik K Pelton
AUGUST 7, 2020
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
IP and Legal Filings
AUGUST 11, 2021
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.
Erik K Pelton
MAY 26, 2021
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.
U.S. Department of Commerce
AUGUST 9, 2021
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.
IAM Magazine
OCTOBER 5, 2021
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.
Patent Trademark Blog
JULY 7, 2021
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?
Erik K Pelton
SEPTEMBER 11, 2020
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
McBayer IP Blog
MARCH 30, 2021
More > Tags: Section 8 declaration , Trademark , Trademark Act , Trademark Protection , trademark registration , Trademarks , U.S.
Indiana Intellectual Property Law
SEPTEMBER 1, 2021
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.
Erik K Pelton
SEPTEMBER 9, 2020
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.
Erik K Pelton
SEPTEMBER 14, 2020
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?
IP Spotlight
MARCH 5, 2021
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
Copyright Alliance
AUGUST 12, 2021
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.
Indiana Intellectual Property Law
AUGUST 3, 2021
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(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. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t. Zamfir v.
Selvam & Selvam Blog
SEPTEMBER 16, 2021
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.
JD Supra Law
JULY 27, 2021
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.
Above the Fold
MAY 27, 2021
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).
Art Law Journal
MAY 20, 2018
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.
LexBlog IP
JULY 19, 2021
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.
The TTABlog
OCTOBER 14, 2021
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 ].
Erik K Pelton
AUGUST 5, 2020
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?
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