Occupying trademark

Likelihood of Confusion

So eventually all the “big trademark stories” catch up to you, even if you try to avoid them as you would try to avoid … certain assemblies of people in. The post Occupying trademark appeared first on LIKELIHOOD OF CONFUSION™.

Stratergising Trademarks

IP and Legal Filings

The word trademark is a culmination of two words, i.e., ‘trade’ and ‘mark’. Thus, to simply put, when the two words are read together, the meaning of ‘trademark’ comes out as- a sign or symbol used in the course of business by a person. As per the statute trademark means-. “


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Sound Trademarks and their Registration in India


Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. Understanding Sound Trademarks with Examples. The sound trademark consisted of a human voice yodeling Yahoo.

How Do People End Up Losing Their Trademark Rights?


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. Non-Intentional Acts of the Trademark Owner.

Of cosmetics, insolvency and trademarks


Revlon, however, has a more direct connection with India in the trademark sense. The Trade Marks Registry (TMR) lists Revlon and its related brands as ‘well-known’ trademarks in India since 1997. The commercial implications of being declared a well-known trademark are tremendous.

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.

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.

Hermès’ Challenge of ‘MetaBirkin’ NFTs Foretells Future Trademark Litigation Trends

IP Watchdog

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. Grimaldi trademark trademark infringement trademarks

Overview of Trademark Opposition in India


In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. Initiating Trademark Opposition in India. Grounds for Trademark Opposition in India.

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.

Similar & Identical Trademarks in India – How to Identify Them Well?


It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. The Act safeguards all registered trademarks from misuse or infringement in India. Identifying Similar & Identical Trademarks.

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.

What is a common law trademark?

Patent Trademark Blog

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. US trademark rights go to the first-user.

How to Cancel a Trademark Registration

Patent Trademark Blog

How to Cancel a Registered Trademark. A trademark cancellation filed with the TTAB would have been the only procedure to discuss. We’ll certainly delve into a TTAB cancellation in this post, but we now have a couple more ways to cancel a trademark registration.

Trademark Enforcement Strategies – The Ultimate Path to Protection


Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Have Proper Symbols of Trademark Registration & Ownership. Ensure Using Your Trademark as a Trademark .

Trademark and Its Regulations

IP and Legal Filings

Subsequently, it is important to know what kind of activities should you undertake and the kind of rules that you should follow while getting your trademark registered. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

Smarter Trademark Response: What are more effective ways to respond to a trademark Office Action?

Patent Trademark Blog

What are smarter ways to respond to trademark Office Actions? Though you hate to see them, Office Actions are fairly common in USPTO trademark applications. If and when it happens, a strategy for a smarter trademark response will serve you well.

CNIPA Cracks Down on ‘Clout-Chasing’ Trademark Applications

IP Watchdog

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). Similar bad-faith trademark applications have not been uncommon throughout CNIPA’s history.

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.

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.

What is a Section 1(a) use-based trademark application?

Patent Trademark Blog

What is a use-based trademark application? A trademark application must always identify whether the mark has already been used on the goods or services. One common problem is that trademark filers think their mark has been used when, in fact, the opposite is true.

TTAB Trademark Opposition: What You Should Know

Patent Trademark Blog

Should you file a trademark opposition? A trademark application is close to the finish line. Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition case look like? You have trademark questions.

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.

Trademark Registration for MSME


Additionally, trademark registrations for MSMEs are relatively cost-effective. Trademarks help your business to stand out from the crowd where there are so many look-alike products. Every trademark is unique. MSMEs can use the trademark as a source of advertisements.

Registration of Motion Mark as Trademark in India


With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The Indian Trademark Law and Motion Marks.

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 Modernization Act!

Likelihood of Confusion

There we were, all locked down in our houses and not going to the INTA Annual Meeting, and there was a Trademark Modernization Act! The post Trademark Modernization Act! Trademark registration TMA

How to Expedite Trademark Application: When and how can you speed up your trademark examination process?

Patent Trademark Blog

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application.

Trademarks: Priority Foreign Filing Deadline

Sander Law

Trademarks: Priority Foreign Filing Deadline. Trademark registration is jurisdictional, meaning you file applications to register a trademark in each country you want to protect your brand. Interested in registering your trademark in Canada or elsewhere?

Trademarks And Branding


This very identity is imprinted in a customer’s mind via the master tool of trademarks. A business’s trademark is not just its marker but also a representation of its goodwill and its way to ensure that an average purchaser does not confuse it with a different brand. Trademark Brandin

Introducing Trademarkive?

Erik K Pelton

Trademarkive? is a one-stop resource for all things trademark. We have highlighted our best and most popular work on six key trademark topics to explore as you build and protect your brand. The post Introducing Trademarkive? Trademarkive? is a one-stop resource for all things trademark. We have curated this content from hundreds of videos, podcasts, blog posts, visuals, books, and more–created over more than a decade.

Nike’s Trademark Fight Against StockX Moves Offline

IP Watchdog

Swiftly thereafter, Nike sued StockX in the United States District Court for the Southern District of New York (SDNY), alleging that StockX’s use of Nike’s famous marks in connection with its NFTs constitutes trademark infringement.

Protecting your Trademark from Non-Use Cancellation


It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. So, let us discuss the best way to ensure ‘use’ of your trademark. Why Does a Trademark Need to be Used?

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

IP Watchdog

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.

Trademark Audit: How to lose your trademark registration

Patent Trademark Blog

What is a trademark audit? 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.

How to Trademark in Metaverse: Is it possible to register trademarks for virtual goods?

Patent Trademark Blog

Is it possible to register a trademark in the metaverse? What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO.

INTA: ‘COVIDIOT’ Trademark Should Prevail Under Narrower Test for Principles of Morality

IP Watchdog

Courts Europe International IP News IPWatchdog Articles Trademark COVIDIOT EUIPO European Union free speech Grand Board of Appeal intellectual property morality public morality trademark trademarks USPTO

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.