- Two New Judges Appointed to Trademark Trial and Appeal BoardChief Judge Rogers has announced that two new Administrative Trademark Judges have been appointed to serve on the Trademark Trial and Appeal Board. They will commence their duties on February 3, 2020. By my count, this brings the total number of judges to 27, including Chief Judge Rogers and Deputy ... Read More
The trade agreement signed last Wednesday by President Donald Trump and China includes a provision to stanch the sale of #counterfeit goods on e-commerce platforms like Amazon: https://t.co/BX3rIgoI2q Via @CNBC #BrandProtection #eCommerce— Incopro (@Incopro) January 22, 2020 ... Read More
- Recent Trademark Tweets
DENIM & CO. Is Deceptive for Non-Denim Clothing, Says TTAB Panel Majority https://t.co/UOUKhCDgac pic.twitter.com/i3Q6K5W0Zi— TTABlog (@TTABlog) January 23, 2020
Make sure you sign up to our venue newsletter to see our #BrandHistory for Bisto! It also features info on our upcoming talks and what's new ... Read More
- Watch: Top IP Cases in 2019 In-House Counsel Need to KnowReviewing Cases in 2019 to See 20-20 in 2020 Who said there’s no looking back? It is crucial to consider key takeaways from the most important IP cases from 2019 when planning ahead for the new year. Foley Hoag presents a webinar offering guidance on what we learned last year ... Read More
- Trademark case: V.V.V. & Sons Edible Oils Ltd. v. Meenakshi Overseas LLC, USAJoseph ArshawskyA district court should not have applied the doctrine of claims preclusion in the primary dispute over the mark IDHAYAM, based on a prior TTAB proceeding, but the mark owner waived its claims as to two other trademarks. Infringement claims by V.V.V. & Sons Edible Oils (“VVV”) over a ... Read More
- DENIM & CO. Is Deceptive for Non-Denim Clothing, Says TTAB Panel MajorityA divided Board panel affirmed two refusals to register the standard character mark DENIM & CO. for various clothing items made of materials other than denim, on the grounds of deceptiveness under Section 2(a) and, alternatively, deceptive misdescriptiveness under Section 2(e)(1). In re QVC, Inc., Serial No. 86670074 (January 21, ... Read More
- There’s Something About The 17th – The Tinkering Continues With More Canadian Trademark Practice ChangesThe Canadian Intellectual Property Office (“CIPO”) has published amended Practice Notices and a Guidance document on Nice Classification, Divisional Applications and Temporary Appointment of Trademark Agents. Issued January 17, 2020, these changes have immediate effect and have material implications for... Read more ... Read More
- INTA Amicus Brief in LTTB v. Redbubble re Aesthetic Functionality (Lettuce Turnip The Beet)
- Pidilite Enforces Adhesive Trademarks, Alibag White Onion Applied for GI and morePidilite Enforces Adhesive Trademarks, Amazon Looking to Expand Pharmaceutical Service Outside the US and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Pidilite Enforces Adhesive Trademarks Pidilite Industries Ltd., the popular Indian adhesive brand, has approached the Bombay High Court to grant ... Read More
- Slow Pace at the Trademark Office this WeekSlow week at the trademark office with decrease of 24 percent in total number of renewal notices issued, An increase of 1778 in the total applications published in the trademark journal and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. ... Read More
- LIBERTY BANKERS LIFE INSURANCE COMPANY Not Confusable With BANKERS LIFE, Says TTABDespite partly identical services and overlapping customers and channels of trade, the Board dismissed this opposition to registration of the two word+design marks shown below, for "underwriting and administration of life insurance, health insurance, and annuities," finding the marks not likely to cause confusion with the registered mark BANKERS LIFE ... Read More
- Intellectual Property (IP) Seminar at Cochin, Kerala: Register for FreeIntellectual Property is an important tool for every company, small or big, in today’s business context. The seminar and discussion provides an understanding of the value of IP for business in the context of latest developments in India and across the world. It also provides insights into strategies for fast ... Read More
- TTABlog Test: Is MAGNUS Primarily Merely a Surname for Whiskey?The USPTO refused to register the mark MAGNUS for "whiskey, gin and distilled spirits," finding the mark to be primarily merely a surname under Section 2(e)(4). Examining Attorney Kevin G. Crennan relied on search results showing thousands of individuals with the surname MAGNUS, and on evidence of applicant's promotion of ... Read More
- Week In ReviewBy La-Vaughnda A. Taylor Edited by Elissa D. Hecker Below are last week's topics of interest broken down into Entertainment, Arts, Sports, Media, and General News Entertainment New Arena for #MeToo Cases: Defamation Suits There are new cases stemming from the Harvey Weinstein sexual assault cases. Those accusers whose allegations ... Read More
- Significant Canadian Practice Changes: CIPO Limiting Availability of Extensions of TimeThe Canadian Intellectual Property Office (“CIPO”) has published a new practice notice limiting an applicant’s ability to obtain extensions of time to respond to an Examiner’s Report. Issued January 17, 2020, the change has immediate effect and has significant implications... Read more ... Read More
- Harry and Meghan leave the Royal family … and seek to legally protect their brands – a move towards a successful business career?Dr. Enrico Bonadio and Dr. Gianluca De CristofaroThe media bombshell was dropped by the Duke and Duchess of Sussex last week. In a widely reported announcement Harry and Meghan have unveiled their intention to step back from Royal life, embrace a new working model and have financial independence. What has ... Read More
- Brexit: Are we seeing the end of the tunnel?Julius Stobbs and Adeline Weber BainSince our last article, so many things have happened that it is sometimes hard to follow what is going on! Here is a snapshot to keep you updated. As you all know, Boris Johnson has now replaced Theresa May as the new leader of the ... Read More
- TTABlog Test: Is ORIGINAL GRAIN Merely Descriptive of Restaurant Services?The USPTO refused registration of the mark ORIGINAL GRAIN in the form shown below, finding it to be merely descriptive of restaurant services. The Examining Attorney contended that "“the term original grain immediately informs consumers that the Applicant’s restaurant services feature fare made from or with original grains." Alternatively, she ... Read More
- A Whooping increase of 212% Trademark Applications Examined this Week.A Whooping increase of 212 percent in total number of trademark applications examined, a decrease of 2882 in the total hearing notices issued by trademark office and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, ... Read More
- TTABlog Test: Are Flavored Gelatins Related to Wine-Based Aperitifs?The USPTO refused registration of the mark GEL-SHOTZ in the stylized form immediately below, for "flavored and sweetened gelatins,” finding confusion likely with the registered mark GEL SHOTS for "aperitifs with a wine base." The Board wasted little time in finding the marks to be similar, but what about the ... Read More
- Puma’s Floral Collaboration, Trademark Holder Feev Guilty of Reverse Domain Name Hijacking and morePuma’s Floral Collaboration, MP’s Sweet Delicacy “Morena Gajak” Filed for GI, Candy Breakfast with Hershey’s and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Hatsun’s Arokya Defeats Arogya Hatsun Agro Product Ltd, a popular dairy company based in Chennai filed for a permanent ... Read More
- TTAB Dismisses Appeal from Specimen Refusal Because Applicant Failed to Address the RefusalThe Board dismissed this appeal from a refusal to register the mark FINLISTICS CLIENTIQ for “Business development consulting services, namely, providing temporary use of non-downloadable software for analyzing, calculating, measuring, modeling, and forecasting business and financial performance,” because applicant failed to address the ground for refusal: an inadequate specimen of ... Read More
- TTAB Denies Cancellation Petition: SHUSTOV Registrant Overcame Prima Facie Case of AbandonmentFollowing an oral hearing on December 12, 2019, the Board denied a petition for cancellation of a registration for the mark SHUSTOV & Design (shown below) for various alcoholic beverages. Although petitioner GSH established a prima facie case of abandonment based on respondent's lack of use of the mark during ... Read More
- Week In ReviewBy Eric Lanter Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into Entertainment, Arts, Sports, Media, and General News Entertainment ABKCO Music & Records, Inc. Files SDNY Action Against Coda Publishing, Inc. This week, ABKCO Music & Records, Inc. filed a suit in the ... Read More
- TTAB Affirms Nine Failure-to-Function Refusals for Geometric Shapes Displayed on Gaming MachinesApplicant IGT's appellate gamble didn't pay off, as the Board affirmed nine (IX) failure-to-function refusals of certain geometric shapes as trademarks for gaming machines. The shapes appear on the displays of video poker machines sold by IGT. The Board found that the proposed marks were not inherently distinctive and lacked ... Read More
- 2019 Intellectual Property Statistics in India – Up, Up and away!For many, 2019 appeared to be a tumultuous year, legally and politically, while for others it was a year of radical but welcome changes. The view remains divided. Intellectual Property in India however, appears to have had a reasonably good year saving some deeply tragic losses such as that of ... Read More
- TTAB Finds PATIO BY THE SPADES Confusable With KATE SPADE for Clothing and HandbagsIn this long-running dispute between Kate Spade LLC and its founders, the Board sustained oppositions to registration of PATIO BY THE SPADES for clothing and handbags, and THE SPADES for perfume, finding a likelihood of confusion with the registered mark KATE SPADE for clothing, handbags, and perfume. Obviously, the battle ... Read More
- Spot The Shopped Specimen Before You’re Booted From AmazonHome It v. Wupin Wen, et. al., 19-cv-7070 (MK) (EDNY December 26, 2019) Plaintiff Home It alleges it has made common law use of the mark SAGANIZER for various home organizing products since 2015. It has not filed a trademark application. Defendant WuPin Wen of Guangdong, filed a U.S. application ... Read More
- Despite Purchaser Sophistication, TTAB Upholds Section 2(d) Refusal of HARDROK EQUIPMENT INC.The Board affirmed a Section 2(d) refusal to register the mark HARDROK EQUIPMENT INC. for “distributorship services in the field of industrial machinery and parts therefor in the mineral and aggregate industries" (EQUIPMENT INC. disclaimed), finding confusion likely with the registered mark HARDROCK for rock drills, drill bits, and other ... Read More
- INTA Amicus Brief in Ohio State University v RedBubble Inc. (Interpretation of Use in Commerce by ‘Intermediary’)INTA Position: The Court should remand the case to the district court for fact finding on whether the defendant is advertising, distributing, and/or offering goods that are potentially infringing or counterfeit and clarify the use in commerce, pursuant to 15 U.S.C. § 1114, includes more than the act of selling ... Read More