Know more about the changes to trademark prosecution and litigation were effectuated by the Trademark Modernization Act of 2020 on Omni legal group blogs.
Baker & McKenzie Doing Business in Poland - Chapter 11 (Intellectual Property...Baker & McKenzie Poland
This document summarizes intellectual property law in Poland. It discusses that Polish IP law is governed by the Industrial Property Law and the Act on Copyright and Related Rights. It protects inventions, utility models, industrial designs, trademarks, geographical indications, and integrated circuits. The document provides details on patents, utility models, industrial designs, and trademarks - the requirements, rights conferred, application process and duration of protection for each. It also mentions that some IP rights can be protected at the EU level through the European Union Intellectual Property Office in Spain.
The document discusses intellectual property regulations in Colombia. It provides information on five key points regarding intellectual property for investors:
1. Contracts transferring copyrights and patents must be registered to be enforceable against third parties, except trademark license contracts.
2. Trademark rights are obtained through registration, not just use. Registrations can be cancelled if not used for over three years.
3. Colombia has strong intellectual property protections to promote competitiveness and growth. Protections follow international standards.
4. Employer rights to employee works and inventions are assumed unless otherwise stated.
5. For publicly funded research, the government reserves non-exclusive rights to intellectual property.
If you decide to start a business, you need to protect your company’s Intellectual Property (IP), so you can retain the competitive edge required to succeed in a crowded marketplace. This means that you may need to know about how to safeguard your firm’s trademarks. Turner Little asks; what is a trademark and how can you protect this vital component of your business’ IP?
Along with patents, designs and copyrights, trademarks are a form of legal IP protection. They are used to protect brand tools such as words, colours, sounds and logos. In the UK you must register a trademark with the Intellectual Property Office (IPO) to safeguard these business assets.
berkshire hathaway May 20, 2005 Press Release finance2
Berkshire Hathaway announced that its subsidiary General Re terminated the consulting services of its former CEO Ronald Ferguson after he invoked his Fifth Amendment right not to testify in response to questions from regulators investigating General Re. Ferguson had been subpoenaed to provide testimony in connection with ongoing SEC and DOJ investigations. Ferguson had been providing consulting services to General Re under an agreement from when he stepped down as CEO in 2001.
Trademark licensing allows a registered trademark owner to grant permission to another party to use the trademark. It provides benefits to both parties, allowing the owner to expand their business and the licensee to generate revenue with less investment. However, there is a risk that the licensee could exploit the trademark more successfully than the owner or that unauthorized usage could occur. Key principles for trademark licensing include source identification, where the trademark must be connected to the owner, quality control to preserve the brand's reputation, and connection in the course of trade to ensure quality control is maintained.
The U.S. Court of Appeals for the Federal Circuit imposed stricter pleading requirements for false patent marking cases. The Court ruled that a plaintiff must plead with particularity the circumstances demonstrating the defendant's intent to deceive the public. Merely alleging that a defendant is sophisticated and knew or should have known its patent expired is insufficient. Going forward, false marking complaints must allege actual facts showing intent to deceive, such as suing others for infringement after expiration or revising the marking multiple times after expiration.
Vietnam has improved its legal framework for intellectual property rights (IPR) protection since joining the WTO. However, enforcement remains a challenge, especially for online IPR infringements. The document provides recommendations to further strengthen IPR protection in Vietnam, including increasing administrative fines, adopting a domain name dispute resolution system, raising public awareness of online IPR, and establishing specialized IPR courts to improve civil enforcement.
Vietnam's 2022 amended IP Law - What do new trademark provisions mean for you...KENFOX IP & Law Office
Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP... These amendments and supplements are akin to a complete overhaul of Vietnam's intellectual property law, helping to address legal loopholes that have persisted for many years since the 2005 IP law was promulgated and amended in 2009 and 2019. The following article gives an analysis and evaluation of the revised trademark regulations in the 2022 IP Law, assisting you in comprehending the applicable legislation to determine the appropriate actions, and the impact on your brand protection strategy in Vietnam.
Baker & McKenzie Doing Business in Poland - Chapter 11 (Intellectual Property...Baker & McKenzie Poland
This document summarizes intellectual property law in Poland. It discusses that Polish IP law is governed by the Industrial Property Law and the Act on Copyright and Related Rights. It protects inventions, utility models, industrial designs, trademarks, geographical indications, and integrated circuits. The document provides details on patents, utility models, industrial designs, and trademarks - the requirements, rights conferred, application process and duration of protection for each. It also mentions that some IP rights can be protected at the EU level through the European Union Intellectual Property Office in Spain.
The document discusses intellectual property regulations in Colombia. It provides information on five key points regarding intellectual property for investors:
1. Contracts transferring copyrights and patents must be registered to be enforceable against third parties, except trademark license contracts.
2. Trademark rights are obtained through registration, not just use. Registrations can be cancelled if not used for over three years.
3. Colombia has strong intellectual property protections to promote competitiveness and growth. Protections follow international standards.
4. Employer rights to employee works and inventions are assumed unless otherwise stated.
5. For publicly funded research, the government reserves non-exclusive rights to intellectual property.
If you decide to start a business, you need to protect your company’s Intellectual Property (IP), so you can retain the competitive edge required to succeed in a crowded marketplace. This means that you may need to know about how to safeguard your firm’s trademarks. Turner Little asks; what is a trademark and how can you protect this vital component of your business’ IP?
Along with patents, designs and copyrights, trademarks are a form of legal IP protection. They are used to protect brand tools such as words, colours, sounds and logos. In the UK you must register a trademark with the Intellectual Property Office (IPO) to safeguard these business assets.
berkshire hathaway May 20, 2005 Press Release finance2
Berkshire Hathaway announced that its subsidiary General Re terminated the consulting services of its former CEO Ronald Ferguson after he invoked his Fifth Amendment right not to testify in response to questions from regulators investigating General Re. Ferguson had been subpoenaed to provide testimony in connection with ongoing SEC and DOJ investigations. Ferguson had been providing consulting services to General Re under an agreement from when he stepped down as CEO in 2001.
Trademark licensing allows a registered trademark owner to grant permission to another party to use the trademark. It provides benefits to both parties, allowing the owner to expand their business and the licensee to generate revenue with less investment. However, there is a risk that the licensee could exploit the trademark more successfully than the owner or that unauthorized usage could occur. Key principles for trademark licensing include source identification, where the trademark must be connected to the owner, quality control to preserve the brand's reputation, and connection in the course of trade to ensure quality control is maintained.
The U.S. Court of Appeals for the Federal Circuit imposed stricter pleading requirements for false patent marking cases. The Court ruled that a plaintiff must plead with particularity the circumstances demonstrating the defendant's intent to deceive the public. Merely alleging that a defendant is sophisticated and knew or should have known its patent expired is insufficient. Going forward, false marking complaints must allege actual facts showing intent to deceive, such as suing others for infringement after expiration or revising the marking multiple times after expiration.
Vietnam has improved its legal framework for intellectual property rights (IPR) protection since joining the WTO. However, enforcement remains a challenge, especially for online IPR infringements. The document provides recommendations to further strengthen IPR protection in Vietnam, including increasing administrative fines, adopting a domain name dispute resolution system, raising public awareness of online IPR, and establishing specialized IPR courts to improve civil enforcement.
Vietnam's 2022 amended IP Law - What do new trademark provisions mean for you...KENFOX IP & Law Office
Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP... These amendments and supplements are akin to a complete overhaul of Vietnam's intellectual property law, helping to address legal loopholes that have persisted for many years since the 2005 IP law was promulgated and amended in 2009 and 2019. The following article gives an analysis and evaluation of the revised trademark regulations in the 2022 IP Law, assisting you in comprehending the applicable legislation to determine the appropriate actions, and the impact on your brand protection strategy in Vietnam.
Colombia has established strong intellectual property protections following international standards. While trademark use alone does not confer exclusive rights, registration is required to obtain legal protections. Contracts transferring copyrights or patent rights must be registered to be enforceable against third parties. Intellectual property in Colombia includes trademarks, patents, copyrights, and other categories protected by registration with national authorities.
Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
Global Intellectual Property Convention 2016 -Enforcement of Trademarks in Af...Vanessa Halle
This document discusses enforcement of trademarks in the Organization Africaine de La Propriété Intellectuelle (OAPI) jurisdiction. OAPI is an international organization comprised of 17 African member states that handles intellectual property matters. The document outlines statutory provisions granting trademark owners enforcement rights, pre-litigation and litigation enforcement methods such as oppositions, claims of ownership, invalidity actions, and cancellations. It also provides tips for effective trademark enforcement and combating counterfeits through cease and desist letters and seizures.
Trademark law in india everything you must knowVijay Dalmia
India's trademark law is governed by the Trademarks Act of 1999, which aims to protect distinguishing marks in accordance with the country's international obligations. The Act provides for indefinite renewal of trademark registrations and recognizes concepts like well-known marks and trans-border reputation. Remedies for infringement and passing off include injunctions, damages, seizure of infringing goods, and criminal penalties like imprisonment. To register a trademark in India, one must file an application that proceeds through examination, opposition, and renewal processes. Unregistered marks may still be enforced through passing off claims.
This document discusses several key legal issues for entrepreneurs, including intellectual property, hiring an attorney, and establishing an organization. It focuses on intellectual property, explaining what patents, trademarks, and copyrights are and providing details on the patent application process. The document emphasizes that intellectual property represents important business assets that entrepreneurs should understand and protect. It also stresses the importance of hiring a lawyer to help navigate legal requirements and avoid risks.
The Brazilian Congress is drafting a new industrial property law to replace the 1971 law and align with international standards like TRIPS. The new law would expand patentable subject matter to include pharmaceuticals, foods, biotechnology, and microorganisms. It would also strengthen trademark protection, introduce certification and collective marks, define unregistrable signs, and protect prior use and well-known marks without requiring use in Brazil. The changes aim to strengthen intellectual property protections in Brazil and encourage international businesses to invest.
How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
This document discusses intellectual property rights, specifically trademarks. It defines trademarks and their purpose of distinguishing products and services. It outlines the acquisition of trademark rights through use and registration. It describes the types of marks including trademarks, service marks, certification marks, and collective marks. It discusses federal registration and the advantages it provides over common law rights. Finally, it reviews laws and treaties governing trademarks, amendments to trademark laws, and categories of protectable marks.
This document is a project report submitted by Avinash Rai to his professor Dr. Mahasweta Sengupta at Indore Institute of Law regarding a case between Kapil Wadhwa & Ors. vs Samsung Electronics Co. Ltd. It includes an introduction providing background on trademarks, a certificate confirming completion of the project, an acknowledgement of those who provided assistance, and a table of contents outlining the various sections in the report such as facts of the case, issues discussed, judgment, and bibliography. The report appears to analyze a trademark infringement case between two companies.
This document discusses trademarks and trademark law. It begins by defining what trademarks are, including that they are words, phrases, logos or symbols used to identify goods and services. It notes trademarks are not patents or copyrights, though there can be some overlap. It discusses why we have trademark law, including to protect consumers and encourage goodwill. It covers registering trademarks, requirements like use in commerce and distinctiveness. It also discusses infringement, defenses like parody, and actual cases involving analyzing confusion and dilution.
Tourism in Colombia has become the country's largest non-extractive industry, surpassing other major exports like coffee, flowers, and bananas. According to Felipe Jaramillo, president of Procolombia, tourism now generates more foreign exchange for Colombia than any other industry besides mining and energy.
Brazil is implementing a new intellectual property law in May that will bring the country into general conformity with international standards. The key aspects of the new law include:
1) Patents will now be granted for inventions and utility models for 20 and 15 years respectively from the filing date.
2) Trademark protection will now extend to 10 years from the grant date and is indefinitely renewable for 10-year periods.
3) Licensing agreements will now be allowed and enforceable, and royalty payments abroad will be tax deductible up to 5% for patents and 1% for trademarks.
4) Trade secrets will now be protected under unfair competition laws with criminal penalties of up to 1 year in prison or fines for revealing trade
Intellectual Property Alert: U.S. Patent System Being Overhauled After Passin...Patton Boggs LLP
The America Invents Act, which was signed into law on September 16, 2011, represents the most significant change to the U.S. patent system since 1952. It shifts the U.S. from a first-to-invent to a first-to-file system and establishes new post-grant review procedures. Several provisions of the law will be implemented over time, including the first-to-file system and post-grant reviews, which will take effect in 18 months. The Act also allows the U.S. Patent and Trademark Office to set its own fees.
The document outlines the 20 step process for registering a trademark in India. It begins with deciding on the mark, conducting searches to check for identical or similar existing marks, and filing an application with the Registrar of Trademarks using Form TM-1. The Registrar then examines the application for completeness and reviews any conflicting marks. If accepted, the mark is published for opposition. If not opposed within 3 months, the mark proceeds to registration. Once registered, the mark must be renewed every 10 years to maintain protection.
DAB Law Firm provides all services including preparation of trademark applications, objections, petitions, relevant evidences and files lawsuits on behalf of its clients. Kindly note that DAB Law firm is always in communication with the relevant authorities such as Turkish Patent Institute. This publication has been prepared in order to provide brief information regarding trademarks in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
This presentation discusses new federal legislation to protect trade secrets and provides concrete, pragmatic advice about how to respond to this new development.
The Trademark Law Treaty (TLT) aims to standardize and streamline national trademark registration procedures. It simplifies application processes, harmonizes procedures across countries, and establishes maximum requirements that national offices can impose. The TLT was adopted in 1994 and entered into force in 1996. It streamlines renewal procedures, covers marks for goods and services, and prohibits requirements for authenticated documents, benefiting trademark owners.
Does livestreaming carry any copyright infringement risksOmni LegalGroup
Aug 17, 2019; Nashville, TN, USA; New England Patriots quarterback Tom Brady (12) before the game against the Tennessee Titans at Nissan Stadium. Mandatory Credit: Christopher Hanewinckel-USA TODAY Sports
Does copyright infringement arise out of publishing embedded content from thirdOmni LegalGroup
Aug 17, 2019; Nashville, TN, USA; New England Patriots quarterback Tom Brady (12) before the game against the Tennessee Titans at Nissan Stadium. Mandatory Credit: Christopher Hanewinckel-USA TODAY Sports
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Colombia has established strong intellectual property protections following international standards. While trademark use alone does not confer exclusive rights, registration is required to obtain legal protections. Contracts transferring copyrights or patent rights must be registered to be enforceable against third parties. Intellectual property in Colombia includes trademarks, patents, copyrights, and other categories protected by registration with national authorities.
Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
Global Intellectual Property Convention 2016 -Enforcement of Trademarks in Af...Vanessa Halle
This document discusses enforcement of trademarks in the Organization Africaine de La Propriété Intellectuelle (OAPI) jurisdiction. OAPI is an international organization comprised of 17 African member states that handles intellectual property matters. The document outlines statutory provisions granting trademark owners enforcement rights, pre-litigation and litigation enforcement methods such as oppositions, claims of ownership, invalidity actions, and cancellations. It also provides tips for effective trademark enforcement and combating counterfeits through cease and desist letters and seizures.
Trademark law in india everything you must knowVijay Dalmia
India's trademark law is governed by the Trademarks Act of 1999, which aims to protect distinguishing marks in accordance with the country's international obligations. The Act provides for indefinite renewal of trademark registrations and recognizes concepts like well-known marks and trans-border reputation. Remedies for infringement and passing off include injunctions, damages, seizure of infringing goods, and criminal penalties like imprisonment. To register a trademark in India, one must file an application that proceeds through examination, opposition, and renewal processes. Unregistered marks may still be enforced through passing off claims.
This document discusses several key legal issues for entrepreneurs, including intellectual property, hiring an attorney, and establishing an organization. It focuses on intellectual property, explaining what patents, trademarks, and copyrights are and providing details on the patent application process. The document emphasizes that intellectual property represents important business assets that entrepreneurs should understand and protect. It also stresses the importance of hiring a lawyer to help navigate legal requirements and avoid risks.
The Brazilian Congress is drafting a new industrial property law to replace the 1971 law and align with international standards like TRIPS. The new law would expand patentable subject matter to include pharmaceuticals, foods, biotechnology, and microorganisms. It would also strengthen trademark protection, introduce certification and collective marks, define unregistrable signs, and protect prior use and well-known marks without requiring use in Brazil. The changes aim to strengthen intellectual property protections in Brazil and encourage international businesses to invest.
How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
This document discusses intellectual property rights, specifically trademarks. It defines trademarks and their purpose of distinguishing products and services. It outlines the acquisition of trademark rights through use and registration. It describes the types of marks including trademarks, service marks, certification marks, and collective marks. It discusses federal registration and the advantages it provides over common law rights. Finally, it reviews laws and treaties governing trademarks, amendments to trademark laws, and categories of protectable marks.
This document is a project report submitted by Avinash Rai to his professor Dr. Mahasweta Sengupta at Indore Institute of Law regarding a case between Kapil Wadhwa & Ors. vs Samsung Electronics Co. Ltd. It includes an introduction providing background on trademarks, a certificate confirming completion of the project, an acknowledgement of those who provided assistance, and a table of contents outlining the various sections in the report such as facts of the case, issues discussed, judgment, and bibliography. The report appears to analyze a trademark infringement case between two companies.
This document discusses trademarks and trademark law. It begins by defining what trademarks are, including that they are words, phrases, logos or symbols used to identify goods and services. It notes trademarks are not patents or copyrights, though there can be some overlap. It discusses why we have trademark law, including to protect consumers and encourage goodwill. It covers registering trademarks, requirements like use in commerce and distinctiveness. It also discusses infringement, defenses like parody, and actual cases involving analyzing confusion and dilution.
Tourism in Colombia has become the country's largest non-extractive industry, surpassing other major exports like coffee, flowers, and bananas. According to Felipe Jaramillo, president of Procolombia, tourism now generates more foreign exchange for Colombia than any other industry besides mining and energy.
Brazil is implementing a new intellectual property law in May that will bring the country into general conformity with international standards. The key aspects of the new law include:
1) Patents will now be granted for inventions and utility models for 20 and 15 years respectively from the filing date.
2) Trademark protection will now extend to 10 years from the grant date and is indefinitely renewable for 10-year periods.
3) Licensing agreements will now be allowed and enforceable, and royalty payments abroad will be tax deductible up to 5% for patents and 1% for trademarks.
4) Trade secrets will now be protected under unfair competition laws with criminal penalties of up to 1 year in prison or fines for revealing trade
Intellectual Property Alert: U.S. Patent System Being Overhauled After Passin...Patton Boggs LLP
The America Invents Act, which was signed into law on September 16, 2011, represents the most significant change to the U.S. patent system since 1952. It shifts the U.S. from a first-to-invent to a first-to-file system and establishes new post-grant review procedures. Several provisions of the law will be implemented over time, including the first-to-file system and post-grant reviews, which will take effect in 18 months. The Act also allows the U.S. Patent and Trademark Office to set its own fees.
The document outlines the 20 step process for registering a trademark in India. It begins with deciding on the mark, conducting searches to check for identical or similar existing marks, and filing an application with the Registrar of Trademarks using Form TM-1. The Registrar then examines the application for completeness and reviews any conflicting marks. If accepted, the mark is published for opposition. If not opposed within 3 months, the mark proceeds to registration. Once registered, the mark must be renewed every 10 years to maintain protection.
DAB Law Firm provides all services including preparation of trademark applications, objections, petitions, relevant evidences and files lawsuits on behalf of its clients. Kindly note that DAB Law firm is always in communication with the relevant authorities such as Turkish Patent Institute. This publication has been prepared in order to provide brief information regarding trademarks in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
This presentation discusses new federal legislation to protect trade secrets and provides concrete, pragmatic advice about how to respond to this new development.
The Trademark Law Treaty (TLT) aims to standardize and streamline national trademark registration procedures. It simplifies application processes, harmonizes procedures across countries, and establishes maximum requirements that national offices can impose. The TLT was adopted in 1994 and entered into force in 1996. It streamlines renewal procedures, covers marks for goods and services, and prohibits requirements for authenticated documents, benefiting trademark owners.
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https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
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WHAT CHANGES TO TRADEMARK PROSECUTION AND LITIGATION WERE EFFECTUATED BY THE TRADEMARK MODERNIZATION ACT OF 2020?
1. WHAT CHANGES TO TRADEMARK PROSECUTION AND LITIGATION WERE
EFFECTUATED BY THE TRADEMARK MODERNIZATION ACT OF 2020?
TRADEMARK MODERNIZATION ACT OF 2020
If you currently own a trademark, or have interest in applying for a trademark, it is important to
gain a general understanding of a new federal law that was enacted at the tail end of 2020. The
new law is the Trademark Modernization Act of 2020. Congress passed this legislation and the
President signed it into law on December 27, 2020 as part of the Families First Coronavirus
Response Act. There are an array of significant modifications and amendments made to the
Trademark (Lanham) Act.
SUMMARY OF CHANGES
Below are some of the most significant
modifications made to trademark law under the
Trademark Modernization Act of 2020:
Providing clarification on the evidentiary
requirements needed to secure injunctive relief
in a trademark infringement lawsuit;
Modifying specific procedures in trademark
prosecution that takes place before the S.
Patent and Trademark Office (USPTO); and
Establishing new procedures for the cancellation of fraudulent registrations in an effort to assist
in the fight against fraudulent foreign trademark registrations.
Let’s take a look at each of these modifications.
NEW EVIDENTIARY REQUIREMENTS
The new law amended Section 34 of the Trademark Act of 1946 in order to establish that
irreparable harm can be presumed in requests for injunctive relief upon a finding of trademark
infringement. This was necessary since appellate courts were divided on whether irreparable
harm could be presumed in a trademark lawsuit or if they needed to engage in an analysis of four
specific “equitable” factors before finding harm.
NEW PROTOCOLS FOR TRADEMARK PROSECUTION BEFORE THE USPTO
The new law created a series of new protocols that must be followed in trademark prosecution
conducted before the USPTO. For example, third parties are now able to submit evidence into
the record of an application, but only when that evidence is tied to a particular ground for refusal.
NEW EXPUNGEMENT PROCEDURES
2. Section 16A of the law establishes new expungement procedures where a registered trademark
can be challenged on the basis that the mark was never properly used in commerce, which is
usually required for registration. The new law established that a petitioner is obligated to submit
evidence of a “reasonable investigation” along with their petition. If there is a finding that a
prima facie case exists, expungement proceedings will be initiated and notice will be provided to
the registrant. This petition may be filed within three years after registration.
Section 16B of the new law establishes similar reexamination protocols, but registrations may be
challenged on the basis that the trademark was not used in commerce prior to the relevant
registration date. Similar to the prerequisites in Section 16A, any individual has the ability to
petition for reexamination under Section 16B, provided that they are able to submit evidence of a
reasonable investigation such as to create a prima facie case. However, it is important to note that
a petition filed pursuant to Section 16B must be filed within the first five years that a trademark
is registered based on its use in commerce.
HAVE QUESTIONS? CONTACT AN EXPERIENCED TRADEMARK LAWYER IN
LOS ANGELES TODAY
If you have questions about the impact of this new trademark law, take action by contacting the
highly reputable Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and
Copyright law firm located in Los Angeles. For further information or to schedule a consultation
please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn
more.