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SURANA & SURANA > Posts tagged "USPTO"

IPR NEWS – WEEKLY UPDATES FROM 2nd OCT – 8th OCT

QUALCOMM v. APPLE Despite the fact that the two tech titans' legal battle over three smartphone patents had been resolved, the U.S. Supreme Court on October 3, once more declined to consider Apple Inc.'s request to resurrect the case. In 2017, Qualcomm filed a lawsuit against Apple in federal court in San Diego, alleging that the company's iPhones, iPads, and Apple Watches violated many mobile technology patents. The lawsuit concerned a larger international conflict between the two digital behemoths. At the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, Apple contested the legality of the patents at...

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Case of Coca-Cola for Cancellation of US Trademarks based on“MISREPRESENTATION OF SOURCE” before the TTAB and CAFC

Case of Coco-Cola for Cancellation of US Trademarks

By P. Saranya, Senior Associate, IP Practice INTRODUCTION:                 The concept of identifying the source of manufactured goods by its unique brand or trademark was an ancient practice but its importance in trade and commerce was realized with the advent of the industrial revolution. Trademarks soon became an indispensable form of intellectual property rights in the industry of trade and commerce. Further, the mass production, sale and distribution of goods created a lot of confusion with regards to the trade origin of the goods thus giving rise to a creation of trade mark law.           In an economic scenario where, multiple manufacturers tried...

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IPR NEWS – WEEKLY UPDATES FROM 25TH JULY- 30TH JULY

Mondelez India Foods Pvt Ltd And anr v. Neeraj Food Products Mondelez India Foods Private Limited (previously Cadbury India Ltd.) and Cadbury Schweppes Overseas Limited filed a suit against the defendant for trademark infringement of their product "CADBURY GEMS" or "GEMS”.  The Delhi High Court on 26th July 2022 gave the judgment in favor of the plaintiffs and ordered the defendants to pay Rs. 10 Lakhs as damages to Cadbury and the actual costs in the amount of Rs. 15,86,928 after noting that the company had incurred significant costs for the litigation in a case involving an interim injunction that had...

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IP NEWS UPDATES – JUNE 2022

OHIO STATE UNIVERSITY REGISTERS "THE" AS A TRADEMARK The term "THE" has been successfully registered by The Ohio State University in relation to apparel that the university wears during athletic activities. The United States Patent and Trademark Office (USPTO) initially rejected the registration on the grounds that the University was only using the mark ornamentally and that there was a likelihood of confusion because the fashion house Marc Jacobs had previously filed a trademark application for an identical mark in relation to clothing items. But Ohio State was able to demonstrate that the mark was being used more than purely ornamentally, and...

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IP NEWS UPDATES -MAY 2022

USPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration certificate will serve as the official registration certificate once it is issued. Trademark owners will have the choice to obtain paper "presentation" copies when the USPTO starts distributing electronic registration certificates, although doing so will carry a price. The ability to purchase certified copies of their trademark registrations will also be available. The Supreme Court's Effort to Resolve the Date on Section...

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IP NEWS WEEKLY UPDATE – 25 FEB 2022

New York Stock Exchange Files Trademark Application for NFT Applications have been filed o trademark the term NYSE for usage of the mark as an NFT and the Stock Exchange is officially entering into the Crypto and NFT marketplace. The NYSE has announced that it has no immediate plans of launching a Crypto or NFT and also stated that it regularly considers new products and their impact on its trademarks and protects its intellectual property rights accordingly. Coca Cola v. Pop Cola- Suit before Federal High Court, Kano Mamuda Beverages Nigeria Ltd. introduced its product Pop Cola which allegedly bears designs similar to...

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Intellectual Property Rights in Mobile Apps

N. Vignesh Kumaran B.E. Associate - Patents, Intellectual Property Practice Introduction A mobile app is a computer program designed to run on mobile devices such as smartphones and tablet computers. Mobile apps are a significant part of modern day-to-day businesses. It acts as the part of businesses to be a complete model for business. Mobile apps have taken over the rapidly evolving technology. Intellectual Property is involved in mobile applications and there are various instances where replication can cause serious damage to the company. The effective way is to strategize the Intellectual Property Right of companies. IPR in Mobile Apps can be protected Yes, different...

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IP NEWS WEEKLY UPDATE – 25 JAN 2022

Huawei’s Trademark applications for ‘Petal Search’ rejected The company had applied for the Trademarks ‘PETAL SEARCH’ in relation to search engine services and providing localized search services based on user search habits. The search engine was launched back in 2020 and applications for the registration of the trademarks was filed in 2021. The applications were initially rejected on the basis that there were similar marks which were already registered, containing the term ‘PETAL’ in relation to identical services, following which the company had applied for re- examination which has again resulted in rejection stating that the similarities in the cited marks...

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IP NEWS WEEKLY UPDATE – 12 JAN 2022

AWS Music marks opposed by Amazon Amazon Technologies Inc. is opposing the registration of the mark “AWS MUSIC” claiming that the consumers are likely to be confused, mistaken, or deceived into believing that the goods offered under the newly applied AWS MUSIC mark are in some way endorsed by Amazon. It is also claimed by the Opponent that the company is the owner of 50 domestic registrations and pending trademark applications for its AWS Marks, covering a wide-range of goods and services and because of the company’s prior adoption and continuous use of the marks since 2002 and its substantial investment in...

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IP NEWS WEEKLY UPDATE – 04 JAN 2022

Bacardi & Co v. U.S. Patent and Trademark Office The company has sued the USPTO for allegedly violating the law by reviving a Cuban government entity's trademark "Havana Club". The legal battle between Bacardi and the Cuban entity was initiated by Bacardi and claim that they began selling Havana Club rum in the U.S. in 1995 after buying the brand. Cuba's state-run entity sells rum under the same name in other countries, but are barred from selling it in the U.S.  Cubaexports claims that they first registered the "Havana Club" trademark in the U.S. in 1976. Presently, Bacardi complains that Cubaexport...

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