Likelihood of Confusion

DECEMBER 10, 2023

John Welch reports on a case involving the would-be registration for IRESTMYCASE.COM, an attorney’s website, wherein the TTAB reminds us that a URL (website address) alone does not constitute a. The post Give it a rest! appeared first on LIKELIHOOD OF CONFUSION™.

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Registration Reporting Trademark Law Law 59

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

Statutory protection of trademark rights in India is administered by the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Conclusion.

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Trademark Registration Reporting Branding 52

Intepat

MAY 24, 2023

More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. More and more countries have signed up to this unique international trademark registration system. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Reporting 52

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. The trademark depicts the shape of the Chanel No. 5 perfume bottle.

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Trademark Registration Marketing Marketing 138

The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. Trademarking Plants To recoup more profits beyond the term limits of PVRs, some breeders have harnessed trademark strategy to prolong their control over plant varieties.

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Trademark Registering Trademarks Marketing Marketing 104

SpicyIP

JANUARY 31, 2024

While the “misleading the public” claim hints at perhaps a trademark infringement and/or passing off claim, the order doesn’t clarify what rights are allegedly infringed. Bar and Bench ( paywalled ) reported that the case is not only concerned with the use of the above image but also the tagline “Inventors of Butter Chicken and Dal Makhani.”

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The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. In the U.S.

Trademark 62

Trademark Registration Trademark Law Business 62

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

IP and Legal Filings

JANUARY 27, 2023

In India, Section 47 [iii] of the Trademarks Act defines two situations under which a registered trademark may be revoked: If it can be shown that the trademark was registered without a bona fide purpose to use it, the registration will be invalidated.

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Trademark Registering Trademarks Registration Intellectual Property 75

SpicyIP

MAY 3, 2023

This incident is an addition to the trail of misadventures that trademark practitioners have faced before the Registry and we thought it would be beneficial to invite an experienced practicing trademarks lawyer to share with us their insights on this and the state of affairs before the Registry in general.

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Trademark Reporting Contracts Registration 102

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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Government Business Trademark Blogging 147

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. Therefore, if the hashtag is inherently distinctive, it would support and ease registration, and if not, additional efforts may be needed to amass publicity and extensive use.

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Trademark Registration Registering Trademarks Social Media 105

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

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Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now.

Trademark 52

Trademark Branding Brands Branding 52

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. © 2020 Erik M.

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Trademark All Rights Reserved Registration Branding 130

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. As per a NASSCOM report, India added a whopping over 1,300 active tech start-ups in the year 2022, taking the total tally of such start-ups to approx.

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Intellectual Property Technology IP Law 105

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product.

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Intellectual Property Law Intellectual Property Law IP 52

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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Trademark Social Media Advertising Advertising 84

SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

Government 105

Government Trademark Patent Patent Application 105

Corsearch

NOVEMBER 15, 2022

A budget should be set aside for both brand name planning and trademark filing strategies. A trademark  A trademark attorney can assist with both planning and strategic decisions on the registrability of a proposed mark, as well as its market viability.   Trademarks are considered to be a valuable intangible business asset. As

Branding 52

Branding Brands Branding Trademark 52

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. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Kashishipr

AUGUST 17, 2022

As per a report, influencer marketing investment is expected to reach $15 billion in 2022. Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute.

Social Media 52

Social Media Intellectual Property Registration Branding 52

The TTABlog

JUNE 30, 2023

Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. 13: TTAB Allows Cancellation Respondent to Correct Registration Ownership Specimen of Use/Nonuse/Illegal Use: Precedential No. E-mail subscriptions to the TTABlog are available.

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Ownership Registration Designs Design 57

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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Registration Trademark Litigation Blogging 52

Likelihood of Confusion

SEPTEMBER 2, 2021

Bill Heinze’s I/P Updates blog reports about a trademark registration you can see at the erstwhile movie pirating website LokiTorrent.com. You get a message that says “There are websites that. The post This Isn’t One, Either. Heavens, No. appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Registration Reporting Trademark 52

IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

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Cease and Desist Trademark Registering Trademarks Business 95

IP and Legal Filings

JULY 5, 2023

During the process of registering a trademark, an applicant may encounter two obstacles: a) Objections; b) Contradictions Trademark Objections Trademark objections are those that a client encounters during the early stages of the registration procedure. In order to be registered, a trademark must be unique.

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Trademark Registration Branding Brands 59

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. ” 15 U.S.C. §

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Trademark Cease and Desist Registration Trademark Law 40

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. However, there was also an unaccounted reduction in reporting frequency for those years. For pharmaceutical companies, name confusion is a critical risk to consumers and patients.

Trademark 59

Trademark Branding Brands Branding 59

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. federal government did so (see 15 U.S. Code sections 1051-1072, which include the responsibilities of the U.S.

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Trademark Government Copyright Service Mark 98

IP Tech Blog

AUGUST 3, 2022

However, according to the Chinese law, parallel import into China of genuine products purchased abroad does not violate the Chinese trademark law. The first legitimate sale of the genuine product abroad exhausts the rights of the trademark holder in China. Alternative Legal Avenues against Imported Foreign Cosmetics.

Trademark 57

Trademark Branding Brands Branding 57

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible? 1] [link] [2] [link]

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

LexBlog IP

MARCH 9, 2023

For creators and sellers of NFTs: The crux of trademark law is to protect consumers from confusion about the source and affiliations of products and services so they can make informed decisions. Ownership of trademark rights is not contingent on a registration. ” ( Id.

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Litigation Artistic Work Branding Brands 52

LexBlog IP

AUGUST 3, 2022

However, according to the Chinese law, parallel import into China of genuine products purchased abroad does not violate the Chinese trademark law. The first legitimate sale of the genuine product abroad exhausts the rights of the trademark holder in China. Alternative Legal Avenues against Imported Foreign Cosmetics.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

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Registration Trademark Trademark Law Marketing 62

IP and Legal Filings

OCTOBER 23, 2023

Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry. The registration of trademarks provides legal protection and remedies in case of infringement. 2] Defines ‘Intermediaries’, Oxford Dictionary. [3] 4] [Civil Suit No. 344/2018]. [5]

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Marketing Marketing Trademark Registration 83

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. B) All forms of news reporting and news commentary. (C)

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