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Trademark Application Inherently Distinctive Trademarks

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

Linda Liu & Partners

Can “Coined Trademarks” Rest Easy? A Brief Analysis of the Inherent Registrability of English Coined Trademarks from a Perspective...

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In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in...more

Whitcomb Selinsky, PC

Apple Inc. Earns Unique Trademark Intellectual Property

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Apple, Inc. presents a host of interesting case studies for anyone involved in international business, particularly in the area of international intellectual property law. Anyone that’s read Walter Isaacson’s book on Steve...more

Kohrman Jackson & Krantz LLP

The Ohio State University Wins the War

By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more

Hogan Lovells

Put a cork in it: EU General Court says sound file of "opening a carbonated beverage" not registrable as a sound mark

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The typical crack and fizz sound that occurs when opening a carbonated beverage is not registrable as a sound mark as it lacks any distinctive character. This was decided by the General Court of the European Union (GC) in a...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

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There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Dorsey & Whitney LLP

TiVo Proves More than 15 Minutes of Fame to Succeed on Trademark Dilution Claim

Dorsey & Whitney LLP on

Andy Warhol once famously commented that “In the future everybody will be world famous for fifteen minutes.” For trademarks, fifteen minutes of fame is not sufficient to assert a trademark dilution claim. ...more

Hogan Lovells

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

Hogan Lovells on

Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

Hogan Lovells

‘Polo’ wins enhanced distinctiveness”chukkers” to offset weak distinctive character

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In this EUTM case the General Court (GC) decided for The Polo/Lauren Company LP, concluding that alleged weak distinctive character of the earlier mark in regard to certain goods was amply compensated by the enhanced...more

Knobbe Martens

Trademark Review | May 2016

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Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that...more

Knobbe Martens

Trademark Review | April 2016

Knobbe Martens on

Broad JAWS Registration Devours JAWS Cooking Channel - Mr. Recipe’s applications to register the marks JAWS and JAWS DEVOUR YOUR HUNGER were refused based on the earlier registration for JAWS, the movie. Mr. Recipe’s...more

Foley Hoag LLP - Trademark, Copyright &...

The Coca-Cola Bottle In Europe: No Fluting, No Distinctiveness

Three-dimensional trademarks have given rise to some interesting European Community decisions in the last several months (see, for example, our comments on the Kit Kat and Lego decisions). A decision rendered last week by the...more

Ladas & Parry LLP

Acquired Distinctiveness of Trademarks in the United States

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Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to...more

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