Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. Judicial Viewpoint. The applicant then appealed to the Federal Administrative Court.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

Patently-O

APRIL 20, 2023

2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. By Dennis Crouch In re Charger Ventures, — F.4th.

Registration 67

Registration Trademark Patent 67

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles!

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Intepat

DECEMBER 21, 2021

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. What exactly is the issue with QR codes? Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). The New TESS Search website looks a bit different! They just rolled out a new TESS cloud-based system at noon. AND, OR, AND NOT).

Registration 52

Registration Designs Design Trademark 52

SpicyIP

AUGUST 7, 2023

A revocation petition was filed by the petitioner against the respondent’s Empagliflozin patent and parallelly, the respondent had filed an infringement suit against the petitioner before the Himachal Pradesh High Court. Last week was full of exciting discussions on the blog. Anything important we’re missing out on?

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. This fee increases to $3,500 if the continuation application is filed more than eight years after the earliest benefit date.

Patent Prosecution 51

Patent Prosecution Design Patent Designs Design 51

Patent Trademark Blog

APRIL 6, 2022

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. While much can be done upfront to minimize the risk of a trademark refusal , you sometimes get a trademark rejection no matter how hard you tried to avoid it.

Trademark 52

Trademark Registration Blogging IP 52

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

AUGUST 24, 2023

When we talk about web scraping, what we’re really talking about is data access. When we talk about web scraping, what we’re really talking about is data access. But the question of who can access and use that data, and for what purposes, is a tricky legal question, which gets trickier the deeper you dig.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Patent Trademark Blog

FEBRUARY 24, 2022

The key is understanding what a design patent protects. While functional features may exist, you can still file a design patent application to focus on the ornamental features. While functional features may exist, you can still file a design patent application to focus on the ornamental features. They exist for context.

Design Patent 52

Design Patent Designs Design Graphic Design 52

Patent Trademark Blog

MARCH 1, 2022

But what if the unique appearance of your product comes from its material? In other words, can you use a design patent to cover what your product is made of? In other words, can you use a design patent to cover what your product is made of? And that new material is what gives your product a unique look.

Design Patent 52

Design Patent Designs Design Patent 52

IP Tech Blog

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? If yes, under what circumstances? The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? What is a Supplemental Register Trademark?

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

The TTABlog

SEPTEMBER 30, 2021

TTABlog Test: Must AQUACHAR be Disclaimed in AQUACHAR & Design for Water Filtration Products?"> > TTABlog Test: Must "BARK" Be Disclaimed in "BIG BARK" for Tree Care Services? > > TTABlog Test: Must "BARK" Be Disclaimed in "BIG BARK" for Tree Care Services? [No] E-mail subscriptions to the TTABlog are available.

Registration 57

Registration Designs Design Trademark 57

Corsearch

NOVEMBER 15, 2022

In this article, I examine the benefits of brand strength for businesses, look at some of the challenges that brand equity can present to brand owners and stakeholders, and give a short overview of three solutions that help trademark professionals to create, build, and maintain a strong brand. What Makes a Brand Strong?

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MAY 12, 2023

It includes patents, trademarks, copyrights, and trade secrets. Obtaining patents or trademarks for their inventions or brand names can prevent others from copying or imitating their innovations, protecting those ideas and giving them a competitive edge. Let’s delve into the specific reasons why.

Intellectual Property 52

Intellectual Property Due Diligence IP Branding 52

43(B)log

AUGUST 3, 2023

Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works in a dead author’s style after they’re gone and create conversations with them (including loved ones) after gone, and populate new entertainment with dead actors, isn’t that something new?

Registration 52

Registration False Advertising Advertising Advertising 52

Patent Trademark Blog

APRIL 22, 2022

At the outset, a few disclaimers are in order. If no transfers of ownership are filed, then the inventors are presumed to be the owners of the patent. If the patent is owned by you as an individual and not your company, what are the implications on lost profits? I’m not a tax attorney. That is not necessarily a bad thing.

Ownership 52

Ownership Inventor Patent Licensing 52

43(B)log

FEBRUARY 19, 2022

While Rogers thus supplies the rule for most of what people think of as “speech,” there are caveats: Rogers has not been applied to disputes about the names of noncommercial organizations. This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2020

What is a utility patent? [1]. As of 2016, the United States Patent and Trademark Office estimated that 90% of the issued patent documents are utility patents. As of 2016, the United States Patent and Trademark Office estimated that 90% of the issued patent documents are utility patents. [ii] Who can apply for a patent?

Patent 52

Patent Invention Patent Application Inventor 52

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) By: Tyler Dysart. i) Introduction to the problem of counterfeit sports merchandise.

Marketing 98

Marketing Marketing Licensing Trademark Law 98

LexBlog IP

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? If yes, under what circumstances? The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion. Because the supplement facts here are less generalizable than the survey methodologies, I will try to skip over lots of detail, but a fair amount of the detail is legal. Both parties get partial wins/losses on summary judgment.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. See registration fee.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

SpicyIP

FEBRUARY 26, 2024

Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Here is our recap of last week’s top IP developments.

Trademark 59

Trademark Copyright Registration Designs 59

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. 11-5052-JLV (D.S.D. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Copyright Lately

OCTOBER 25, 2021

The only thing scarier than a slasher flick is a lawsuit. Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? It’s Halloween time again! The bad news?

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

MARCH 2, 2023

In simpler terms what this doctrine basically entails is, that the proprietor of an intellectual property cannot influence or restrict subsequent sales of products exhibiting that intellectual property after a legitimate transaction of sale has happened. As a result, the exhaustion of IPR doctrine is categorized into the following categories.

Intellectual Property 74

Intellectual Property IP Marketing Marketing 74

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co.

Designs 40

Designs Design Registration Copying 40

LexBlog IP

JUNE 21, 2023

Kennedy said when telling Northeastern’s graduating class in 1956 “to make your mark,” this is part of what “every commencement speaker has said since classes were held in caves or trees.” A trademark using a name, portrait or signature associated with a living person may be rejected. Section 1209.03(x)

Registration 52

Registration Trademark Trademark Law Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] 10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. Download a PDF. 1970 (2021).

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Senators: Terminal disclaimers, allowed under 37 CFR 1.321(d), allow applicants to receive patents that are obvious variations of each other as long as the expiration dates match.

Invention 52

Invention Patent Prosecution Art Patent 52

IP and Legal Filings

FEBRUARY 26, 2022

Letters and numbers are included in the definition of “mark.” ” However, they are infamously lacking in intrinsic individuality due to the ubiquitous and natural practice of corporations and individuals using their initials on items, letters, paper, and so on, or as symbols indicative of quality or other traits.

Registration 52

Registration Trademark Trademark Law Business 52

LexBlog IP

NOVEMBER 30, 2022

So, it is with intellectual property matters as well—there are matters, some previously addressed, where recent developments require us to use what we have before it gets too stale. For some Americans, they’re the whole point: Nearly three-quarters say that a fridge teeming with surplus food is the best part of the holiday.

IP 52

IP Intellectual Property Fair Use Trademark 52