News & Analysis as of

Trademark Registration Product Packaging

Cozen O'Connor

Québec Publishes Final Regulations Under Québec’s Charter of French Language, Broadening the Translation Exemptions for Trademarks...

Cozen O'Connor on

On June 26, 2024, the Province of Québec released the long-awaited final amendments to the Regulation respecting the language of commerce and business (Regulation), which amend multiple French-language requirements, including...more

Smart & Biggar

French-language requirements in Québec: Publication of the Draft Regulation to amend mainly the Regulation respecting the language...

Smart & Biggar on

On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Cozen O'Connor

Amendments to the Québec Charter of French Language – What Brand Owners Need to Know

Cozen O'Connor on

On May 13, 2021, the Québec government introduced Bill 96, An Act respecting French, the official and common language of Québec (the Bill), proposing significant amendments to Québec’s Charter of the French Language (the...more

Dunlap Bennett & Ludwig PLLC

What are the Types of Trademarks

Most people think of a “trademark” as a word or a logo. But, what is a “trademark?” can be a surprisingly complicated question and by far supersedes most people’s imagination....more

Linda Liu & Partners

A Brief Analysis of the Registration and Judicial Protection of Three-dimensional Trademarks in China

Linda Liu & Partners on

Since Article 8 of the Trademark Law of China (2001) stipulates that a three-dimensional sign can be filed for registration as a trademark, three-dimensional sign trademarks (also known as the “three-dimensional trademarks”)...more

Dickinson Wright

Recognized v. Registered Trademarks - Quebec Amends the Charter of the French Language

Dickinson Wright on

Proposed in May 2021 and adopted on May 25, 2022, Bill 96 amends the Charter of the French Language (the “Charter”) – the statute governing the use of French as the language of business in the province of Quebec, including...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2020: Color Marks for Product Packaging CAN Be Inherently Distinctive - What This Means for Your Brand...

Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more

Dorsey & Whitney LLP

Are Color Trademarks on Product Packaging Inherently Distinctive?

Dorsey & Whitney LLP on

On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more

ArentFox Schiff

A New Shade of Protectability

ArentFox Schiff on

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more

Hogan Lovells

EU: “Der Grüne Punkt” is not a trademark used for packaged goods

Hogan Lovells on

“Der Grüne Punkt” is a concept that presumably everyone in Germany is familiar with; recently, the financing symbol for participation in the dual collection and recovery systems was the subject matter of proceedings before...more

Foley Hoag LLP - Making Your Mark

BIG MAC Trademark Not That Big in the EU: How McDonald’s Failed to Prove Genuine Use of its EU Trademark

On January 11, 2019, the Cancellation Division of the European Union Intellectual Property Office (“EUIPO”) rendered a surprising decision that revoked in its entirety the McDonald’s Company’s BIG MAC trademark registration,...more

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

Knobbe Martens on

Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more

Dorsey & Whitney LLP

Registration of Color Trademarks on Product Packaging: The TTAB Lays Down Some Black and White Rules

Dorsey & Whitney LLP on

Obtaining trademark registration for color trademarks can be a complicated undertaking. In a recent precedential opinion, the Trademark Trial and Appeal Board in In re Forney Industries, Inc. weighed in on the registrability...more

Hogan Lovells

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

Hogan Lovells on

The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

BakerHostetler

Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging

BakerHostetler on

Trademark law recognizes that a color can be used to identify the source of products and therefore, enjoys protection under trademark law. Let’s test your color brand awareness: • What can Brown do for you? – shipping...more

Foley Hoag LLP - Making Your Mark

Copyright Office Denies Protection for “Unique” Product Packaging

If you are having trouble obtaining a federal trademark registration for a product’s packaging, some lawyer has probably mentioned to you that copyright protection is a potential alternative or supplement. This is good advice...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 16

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Ladas & Parry LLP

Cheerios Yellow Box Rejected For Trademark Registration

Ladas & Parry LLP on

In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the...more

WilmerHale

Copyright and Trademark Case Review: RunDMC, Stem Cells and Pirates

WilmerHale on

Copyright Opinions - Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) - Wood, J. In a suit alleging copyright infringement through...more

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