News & Analysis as of

Design Trademarks Trademark Registration

Womble Bond Dickinson

Lowering Bar on Footboard Does Not Lower Burden for Proving Acquired Distinctiveness of Bed Frame, Says Trademark Office

Womble Bond Dickinson on

Charity seeking to register product designs as trademark icon not met the “very high burden” for showing acquired distinctiveness - On September 1, 2023 the Trademark Trial and Appeal Board (TTAB) issued a nonprecedential...more

McDermott Will & Emery

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more

A&O Shearman

Propel: The branding and uniqueness of self-driving vehicles – an overview of design law

A&O Shearman on

In this installment of A&O’s podcast series on autonomous vehicles, NY partner Paul Keller interviews our own David Stone, the Global Head of Intellectual Property, and author of a leading textbook on EU design law. Listen as...more

Hogan Lovells

EU General Court on industrial designs: Porsche 911 car model lacks individual character

Hogan Lovells on

On June 6, 2019, the General Court (GC) declared two designs filed for the famous car model Porsche 911 in 2004 null and void, and thereby confirmed the EUIPO’s decision that the later models of the 911 lack the registrable...more

Hogan Lovells

Federal Circuit revives Converse’s Chuck Taylor trademark and infringement claims

Hogan Lovells on

In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design...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

Smart & Biggar

Canada’s New Draft Trademark and Industrial Design Regulations

Smart & Biggar on

As previously reported, Canada’s trademark law will be significantly overhauled. The most recent forecast from the Canadian Intellectual Property Office (CIPO) suggests that the new law will come into force by early 2019....more

Smart & Biggar

Prepare for Canada Day by Reviewing Your Pending Industrial Design Applications

Smart & Biggar on

July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more

Smart & Biggar

Colourful designs and a streamlined practice get the green light in Canada

Smart & Biggar on

Yesterday, the Canadian Industrial Design Office announced changes that significantly modernize and streamline six of its office practices, substantially benefitting applicants seeking protection for their designs in Canada....more

Ladas & Parry LLP

Diamonds In The Rough: TTAB Refuses Registration For Repeating Pattern

Ladas & Parry LLP on

In a precedential decision in In re Fantasia Distribution Inc, Serial 86185623 (September 21 2016), the Trademark Trial and Appeal Board (TTAB) held that a repeating diamond design pattern appearing on an electronic hookah...more

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