Can You Trademark A Hashtag?


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. Why Take the Trademark Route? The trademark utilizing the hashtag must be distinctive in nature.

3D Shape Trademark on Cars


Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. The High Court dismissed an appeal from JLR after its trademark applications were refused by the UKIPO.


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Trademarks from a Marketing Perspective


The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns.

Conducting a Trademark Search in India – Everything You Must Know


The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. It is undoubtedly imperative to register your brand or business name as a trademark, especially in today’s world where first copies are easily available.

Licensing of Trademarks


A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization.

An Overview on Trademark Genericide

IP and Legal Filings

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Trademark B.V

Can Common Terms Be Trademarked?


A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ How are then these common words registered as a trademark?

Trademark Crush: A Perfect Storm is Threatening U.S. Trademark Applicants

IP Watchdog

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone.

USPTO Outlines Trademarks Administrative Sanctions Process

IP Watchdog

Patent and Trademark Office today announced in an unpublished Federal Register Notice that it has established an administrative process for investigating submissions filed with the USPTO in trademark matters that appear to violate the Trademark Rules of Practice. The U.S.

Spotify Successfully Opposes Two Marijuana-Related Trademark Applications

IP Watchdog

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S.

The Everlasting Trademark Battle of USPTO

IP and Legal Filings

Talking about the United States Patent and Trademark Office (USPTO), the businesses are more into getting a US trademark registration due to its more relevance. The recent trends have seen an increase in the filing of trademark applications by various proprietors.

Saving your Mark from Trademark Genericide


Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? It takes several years before a trademark becomes a victim of genericide.

Trademark rights in interdigitization

Likelihood of Confusion

Nick Daly drops me a note to the effect that one Jay-Z, gazillionaire rhyming scatologist, has been sued by a professional perspirer and leaping stage goon called Diamond Dallas Page — The post Trademark rights in interdigitization appeared first on LIKELIHOOD OF CONFUSION™.

Canadian Trademarks

JD Supra Law

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Good News!

Trademarking Sounds


A sound can be registered as a trademark if it fulfills the function of a trademark, namely, indicating the origin of the goods and services. Even if it is a well-accepted practice in trademark law, the inherent characteristics of a sound differentiate them from word or design marks.

CAUTION: Trademark Scams Continue

Trademark, Copyright, and Unfair Competition Law B

Scammers haven’t stopped sending our clients fake trademark renewal notices, bilking them of thousands of dollars. Sometimes, it seems not a day goes by without a client calling me about a trademark-related scam. Does my trademark need to be maintained? Trademark Office” or “U.S.

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

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. Trademark and Halloween Costumes. The other major part of the question is trademark.

Can QR Codes Be Trademarked?


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. Trademark QR Code

Trademark Genericide

Selvam & Selvam Blog

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. A classic example for this is the genericization of the trademark ‘Escalator’ which was used by Otis Elevator Company.

Trademark Growth in Switzerland Demands Innovative Search Solutions

TrademarkNow Blog

Did you know that trademark activity in Switzerland’s registry grew by 11% in 2020 when compared to the previous year? Trademark Search Trademark Data Preliminary Trademark Search Trademark Registration

Olympic and Retrolympic: Trademark Protection

IP and Legal Filings

The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’

Distinctiveness in Trademark Law


As trademarks give their owners a monopoly right to identify their products or services an important caveat about them is that they must be distinctive. For example, Pizza Express is trademarked. Hence Pizza Hut is also a registered trademark.

New Year, New Trademark Proceedings

JD Supra Law

The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S.

New Tools for Canceling Trademarks

JD Supra Law

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services?

Trademarks in 2021: Recounting the Most High-Profile Trademark Developments of the Year

IP Watchdog

Trademarks: NICE Classification

Sander Law

Trademarks: NICE classification. The NICE classification is a system for classifying goods and services that is used when applying for trademark registration. Ready to protect your trademark? Contact Sander Law to file your trademark application!

Getting your Trademark in Japan

IP and Legal Filings

For all those, it becomes very important for the companies to understand the procedure for getting a trademark in Japan. Trademarks that do not enable consumers to differentiate the applicant’s goods or services from those belonging to other parties.

We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A

Erik K Pelton

We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC We are growing again at EMP&A.

The Concept of Family of Trademarks


What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks.

The Importance of Trademark Clearance Searches for Businesses


The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. Types of Trademark Searches.

Trademarks: Descriptiveness Objection

Sander Law

Trademarks: Descriptiveness Objection. One potential objection an Examiner may raise in an Examiner Report is that the applied for trademark is either: 1) clearly descriptive of the products or services sold under the trademark; or.

Trademarks – Lexology GTDT 2022

Olartemoure Blog

The new Lexology Getting the Deal Through Trademarks 2022 edition, it’s a pleasure for us to share with you the Colombian chapter, written by OlarteMoure. By: María Alejandra Pava Trademarks Director. Publications Trademarks trademarks publicationHere it is!


Biswajit Sarkar Copyright Blog

What is Trademark Search? Trademark search refers to any action taken to determine whether a trademark is used in commerce. Indian Trademark Search. The Procedure of Trademark Search. There are 45 classes of trademark registration.

Trademark lawyer in India

Biswajit Sarkar Copyright Blog

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. Who is a trademark lawyer?

Protecting Cannabis Trademarks: Marijuana, CBD, Hemp

Traverse Legal Blog

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

Five Must-Have Tips for Expediting Trademark Lawsuits in Brazil

IP Watchdog

Courts Guest Contributors International IP News IPWatchdog Articles Litigation Trademark Brazil Brazilian Patent and Trademark Office intellectual property trademark trademark litigation trademarks

Trademarks: The IP that isn’t IP

Likelihood of Confusion

The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™. Trademarks and trademark law Ed Timberlake Intellectual PropertyI have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that?

Can Trademark Protection be Extended to Cryptocurrency?


Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark.

The Trademark Instrument Panel

Erik K Pelton

The following is an edited transcript of my video, The Trademark Instrument Panel. You can measure your brand on the trademark instrument panel at any time. The post The Trademark Instrument Panel appeared first on Erik M Pelton & Associates, PLLC

Trademark Examiner Reports: Common Objections

Sander Law

Trademark Examiner Reports: Common Objections. The objections raised by a Trademark Examiner generally fall into one or more of the following categories: Goods & Services Statement. Confusion with another trademark. Learn more about Trademark Confusion.

Trademarking of Store Layouts

IP and Legal Filings

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. This has introduced a new wave of non-conventional trademarks. Store layouts is a type of non-conventional trademark.

The only unmentionable trademark?

Likelihood of Confusion

Evidently Daman Wayans’s attempt to file a trademark application for the word “Nigga” continues to hit a brick wall. The post The only unmentionable trademark? Section 2(a) Nigga Nigger PTO Practice Scandalous Marks Trademarks and trademark law

SUPER BOWL® Trademark Watch and Contest I

Likelihood of Confusion

The post SUPER BOWL® Trademark Watch and Contest I appeared first on LIKELIHOOD OF CONFUSION™. Brand Management and Branding Overreaching Super Bowl trademark