#cancel the trademark protection
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Cancellation Against of Trademark
Cancellation Against of Trademark in Vietnam
It typically takes a significant amount of time and effort on the part of your business to win customers' confidence in your products and trademark. However, if there is another trademark for the same goods that is identical to yours, it will likely cause customers to make mistakes or become confused, resulting in a number of negative effects for your business, including a decrease in sales, a loss of reputation, and the ability to distinguish yourself.
In fact, after partnering with domestic businesses to distribute or sell goods, many international businesses discover that their trademarks are stolen by partners who register their trademarks for intellectual property protection in national offices. It is simple for trademark thieves to steal trademarks because each nation protects trademarks differently.
You should ask the Vietnam Intellectual Property Authority to cancel the trademark that was used in violation of your rights and benefits. ANT Lawyers would like to assist you in canceling against a trademark in Vietnam in the following ways because they have excellent IP experience in Vietnam and a highly professional staff.
Cancellation against of trademark in Vietnam
A certificate of trademark registration may be revoked entirely or partially at the request of a third party in accordance with Article 96 of the IP Law of Vietnam.
In the specified circumstances, the applicant may submit a written request to the National Office of Intellectual Property (NOIP) to cancel protection titles subject to payment of fees and charges.
Period for filling cancellation request
To request cancellation against of trademark in Vietnam due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation against of trademark in Vietnam due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation against of trademark in Vietnam
Any third party may request that a certificate of trademark registration be revoked entirely or partially in the following circumstances:
The registration applicant does not possess the right to register an invention, industrial design, layout-design, or mark, nor has this right been granted to them;
At the time the protection title is granted, the subject matter of industrial property does not meet the protection conditions.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the request, including relevant documents and clearly stating the protection title's serial number, reason, and contents for terminating or canceling a portion or the entire protection title.
Time and procedures for cancellation against of trademark in Vietnam
In the event that a third party makes a request to have their trademark protection title revoked, the NOIP is required to provide the protection title holder with written notice of the third party's opinions and set a response deadline of two months from the date of notification.
The NOIP must decide whether to cancel all or a portion of the protection title or notify the parties of its refusal to cancel the trademark protection title after taking the opinions of the parties into consideration.
The requester or a party involved may file a complaint regarding the decision or the relevant notice if they disagree with the NOIP's handling of the request for cancellation of the trademark protection title
Within two months of its signing, a decision to cancel a trademark protection title must be published in the Industrial Property Official Gazette and added to the National Register of Industrial Property.
ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities.
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Cancellation Against of Trademark
Cancellation Against of Trademark in Vietnam
It typically takes a significant amount of time and effort on the part of your business to win customers' confidence in your products and trademark. However, if there is another trademark for the same goods that is identical to yours, it will likely cause customers to make mistakes or become confused, resulting in a number of negative effects for your business, including a decrease in sales, a loss of reputation, and the ability to distinguish yourself.
In fact, after partnering with domestic businesses to distribute or sell goods, many international businesses discover that their trademarks are stolen by partners who register their trademarks for intellectual property protection in national offices. It is simple for trademark thieves to steal trademarks because each nation protects trademarks differently.
You should ask the Vietnam Intellectual Property Authority to cancel the trademark that was used in violation of your rights and benefits. ANT Lawyers would like to assist you in canceling against a trademark in Vietnam in the following ways because they have excellent IP experience in Vietnam and a highly professional staff.
Cancellation against of trademark in Vietnam
A certificate of trademark registration may be revoked entirely or partially at the request of a third party in accordance with Article 96 of the IP Law of Vietnam.
In the specified circumstances, the applicant may submit a written request to the National Office of Intellectual Property (NOIP) to cancel protection titles subject to payment of fees and charges.
Period for filling cancellation request
To request cancellation against of trademark in Vietnam due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation against of trademark in Vietnam due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation against of trademark in Vietnam
Any third party may request that a certificate of trademark registration be revoked entirely or partially in the following circumstances:
The registration applicant does not possess the right to register an invention, industrial design, layout-design, or mark, nor has this right been granted to them;
At the time the protection title is granted, the subject matter of industrial property does not meet the protection conditions.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the request, including relevant documents and clearly stating the protection title's serial number, reason, and contents for terminating or canceling a portion or the entire protection title.
Time and procedures for cancellation against of trademark in Vietnam
In the event that a third party makes a request to have their trademark protection title revoked, the NOIP is required to provide the protection title holder with written notice of the third party's opinions and set a response deadline of two months from the date of notification.
The NOIP must decide whether to cancel all or a portion of the protection title or notify the parties of its refusal to cancel the trademark protection title after taking the opinions of the parties into consideration.
The requester or a party involved may file a complaint regarding the decision or the relevant notice if they disagree with the NOIP's handling of the request for cancellation of the trademark protection title
Within two months of its signing, a decision to cancel a trademark protection title must be published in the Industrial Property Official Gazette and added to the National Register of Industrial Property.
ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities.
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Cancellation Against of Trademark
Cancellation Against of Trademark in Vietnam
It typically takes a significant amount of time and effort on the part of your business to win customers' confidence in your products and trademark. However, if there is another trademark for the same goods that is identical to yours, it will likely cause customers to make mistakes or become confused, resulting in a number of negative effects for your business, including a decrease in sales, a loss of reputation, and the ability to distinguish yourself.
In fact, after partnering with domestic businesses to distribute or sell goods, many international businesses discover that their trademarks are stolen by partners who register their trademarks for intellectual property protection in national offices. It is simple for trademark thieves to steal trademarks because each nation protects trademarks differently.
You should ask the Vietnam Intellectual Property Authority to cancel the trademark that was used in violation of your rights and benefits. ANT Lawyers would like to assist you in canceling against a trademark in Vietnam in the following ways because they have excellent IP experience in Vietnam and a highly professional staff.
Cancellation against of trademark in Vietnam
A certificate of trademark registration may be revoked entirely or partially at the request of a third party in accordance with Article 96 of the IP Law of Vietnam.
In the specified circumstances, the applicant may submit a written request to the National Office of Intellectual Property (NOIP) to cancel protection titles subject to payment of fees and charges.
Period for filling cancellation request
To request cancellation against of trademark in Vietnam due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation against of trademark in Vietnam due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation against of trademark in Vietnam
Any third party may request that a certificate of trademark registration be revoked entirely or partially in the following circumstances:
The registration applicant does not possess the right to register an invention, industrial design, layout-design, or mark, nor has this right been granted to them;
At the time the protection title is granted, the subject matter of industrial property does not meet the protection conditions.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the request, including relevant documents and clearly stating the protection title's serial number, reason, and contents for terminating or canceling a portion or the entire protection title.
Time and procedures for cancellation against of trademark in Vietnam
In the event that a third party makes a request to have their trademark protection title revoked, the NOIP is required to provide the protection title holder with written notice of the third party's opinions and set a response deadline of two months from the date of notification.
The NOIP must decide whether to cancel all or a portion of the protection title or notify the parties of its refusal to cancel the trademark protection title after taking the opinions of the parties into consideration.
The requester or a party involved may file a complaint regarding the decision or the relevant notice if they disagree with the NOIP's handling of the request for cancellation of the trademark protection title
Within two months of its signing, a decision to cancel a trademark protection title must be published in the Industrial Property Official Gazette and added to the National Register of Industrial Property.
ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities.
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Trademark Registration In Lucknow
Navigate trademark registration in Lucknow effortlessly with our performance-focused approach. Trust us to secure your brand identity with efficiency and expertise.
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Lallybroch: copyright vs. trademark
An excellent question was asked by our friend @rosfrank in the comments thread to 'The door faces North' post and given the cosmic amount of uninformed bullshit being ventilated for almost ten years in this fandom, I think it's time to answer it once and for all:
Whenever we are informally talking about 'owning the rights to something', I think it's very important to bear in mind a fundamental distinction between two different categories of ownership rights: copyright and trademark.
The copyright is the most familiar one to many of you. It is what you usually find on those annoying and apparently useless first or last pages of all the printed or digital editions on this planet. Something like this:
In the US, copyright issues are regulated by the Copyright Act of 1976, as included in Title 17 of the US Code. The US public authority competent for registering and managing copyright is, as predictable, the US Copyright Office.
Perhaps the most seminal US Supreme Court decision, as far as copyright is concerned, is the 1991 Feist Publications, Inc., v. Rural Telephone Service Co. In it, the Court ruled that mere compilations of information or facts (such as, for example, telephone books) are not protected by copyright, according to US law. In other words, the ancient legal concept of 'sweat of the brow' (which simply means the amount of work required to gather and compile those facts/information) is not enough to qualify a work for copyright protection, if no creative effort is added to enhance its content. This is why I have always considered absolutely ridiculous Marple's efforts to watermark public information screenshots: it is useless (to the extent that it legally protects her from nothing) and, as her timelines, a mere compilation of facts (legally ditto). A similar approach is preferred by the UK and also by many Roman law legal systems, such as the French one - just making things clearer, here, by the way.
See how 'Erself is roughly doing, right now, in this department:
But I am rambling. In my view, Lallybroch, as a pivotal concept used in Diana Gabaldon's books, is protected by the copyright granted to each and every of her books mentioning it, according to the Roman law principle 'accessorium sequitur principale' (the accessory follows the principal). So it will remain protected for at least 70 years since the last of her books mentioning it would have been published under copyright. Unless she chooses to separately protect the entire finished cycle as a whole, once Book Ten (fingers crossed) is published, preferably during our foreseeable lifetimes.
That being said, that goes only for one copyright category: (published) text - you cannot copyright that secret diary in your drawer, LOL. This is why, the current US Copyright Office records concerning Lallybroch look like this:
Sony Pictures Television Inc owns the copyright to the fictional name Lallybroch in the motion pictures category, as it is the title of the Episode 12, in Season 1 - DG has been handsomely compensated for this, no worries. And someone I have no idea about owns the rights to an original musical score she has written and titled Lallybroch in the music category, since October 2013.
Onwards to the trademark. This is something different and this is all about making your name/concept/idea profitable. It is all about branding it, putting it on a product and selling it under that brand. It includes all the graphic elements and the logo of the brand (accessorium...) - in short, its visual identity to the consumers. In the US, trademark issues are regulated by the 1946 Lanham Act and the public competent authority is the good old US Patent and Trade Office (USPTO).
Right now, the situation for the Lallybroch trademark is as follows:
So, we see three different trademarks: two of them, owned by Diana Gabaldon, are classified as 'dead' (cancelled and/or abandoned) and the third, Lallybroch Spirits, owned by S's Great Glen Company is pending approval - he will not be able to label any booze bottle Lallybroch Drink Me before permission is granted by the USPTO.
Let's unpack:
Both Lallybroch trademarks formerly owned by Diana Gabaldon were filed at the USPTO on February 21, 2000 and granted on December 12, 2000. The first was aimed at producing 'tartan fabrics for the manufacturer of clothing' and it was abandoned in December 2003:
The reason is that the owner did not file in any Statement of Use after the trademark was granted. She had three years to do so, and since she chose not to do anything about it, the trademark was deemed abandoned (Stacy K. Smith is the attorney hired by Herself, btw). That means she specifically implied not to intend using it in the future. As such, she may claim NO rights on a now free to use mark:
The second trademark was aimed at producing 'clothing, namely, t-shirts, dresses and headwear' and also 'jewelry, namely, rings, pins and necklaces'- to cut the story short: OL merchandise - and it was cancelled on March 1st, 2013:
The reason is that the owner did not file the Section 8 declaration (of continuous use for five years) within the allowed legal timeframe (6 months after the fifth anniversary of the trademark granting renewal). Her trademark federal rights are now deemed canceled (but not her state law and/or common law rights!) and if she wants to ever use that name again, she would have to start the whole process over, bearing in mind the trademark could have been granted to someone else, in the meanwhile (not her case).
And for anyone who might ask, 'Erself does not own any other trademarks whatsoever:
The other (Doll Lab - LOL for ages) Diana Gabaldon is a pharmacist from Albuquerque, NM. Chill. 🤣🤣🤣
The owner of the copyright to the fictional toponym Lallybroch, as far as published text is concerned, is Diana Galabdon.
The owner of the copyright to the fictional toponym Lallybroch, as far as motion pictures are concerned, is Sony Pictures Television Inc.
The owner of the copyright to the fictional toponym Lallybroch, as a personal work of music, is Mrs. Kelly Ruth Davis, of Pennsylvania, USA.
The owner of the Lallybroch Spirits trademark will be Sam Roland Heughan, when that trademark is granted by the USPTO.
I hope this answers your question, @rosfrank. Thank you for asking.
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When his tour was postponed by the Covid 19 pandemic in 2020, Louis offered a refund to everyone who wanted their money back. His disappointment at having his best moment in a solo career postponed (again) didn’t exceed his sense of fairness and empathy toward his fans.
When he could, Louis organized the Live From London livestream for fans, took every precaution against infection in order to protect his band and crew, and gave a most memorable concert for fans during the pandemic. In doing so, he broke a Guinness World Records for ticket sales.
Did he keep the money for himself ? No. He donated all of the proceeds, including revenue from merch sales.
Louis has never used dynamic pricing. He has never charged for a solo Meet and Greet. He has never sold VIP packages. He has held many listening parties and events, sometimes with snacks, for free.
Of all the One Direction ex-members, Louis is the only one to hold a free music festival for 10,000 fans on his own dime, in London, as soon as he could and as safely as he could. He paid for the support acts himself.
Louis never cancelled a single concert on LTWT 2022 due to illness. He and his team planned strategic substitutions of the band members so that the tour concerts could continue as safely as possible, under Covid conditions. He played many concerts when he wasn’t feeling great, because he didn’t want to disappoint the fans.
Louis has stopped many concerts out of concern for fans in the audience— including on the FITFWT 2023. In 2022, he decided to provide water at his own cost to fans, some of whom then took this amenity for granted, when it was far from the industry standard.
In all of these instances, Louis has shown, over and over, his continuous concern for the fans, his desire to share his work with fans at a fair and affordable price point, his commitment toward caring for band members and crew (and everyone who works with him), and his generosity.
He puts up with an incredible amount of fandom nonsense at his concerts, asking fans to observe rules so no one gets hurt— not to throw things on stage, not to push against each other. He’s listened to chants of No Control and WMYB despite being on his second solo world tour. He is patiently educating fans on good concert etiquette, many of whom are going to the first concerts of their lives.
Louis could have used his fame and wealth to make a lot more money from the people who admire and love him, as some of his ex-bandmates have done. He could have told his team to strategize his career for maximum exposure and profit. He could have turned bitter from the setbacks he’s suffered and lashed out. He could have buckled from the strain of endless, unfair media coverage and criticism, industry blacklisting etc. He could take advantage of personal tragedies to cast pity on himself, but he never has. He has never mocked or criticized the career of an ex-bandmate, and his crew does not either.
As always with Louis Tomlinson, he perseveres. He is patient. His kindness is demonstrated in action, not only in words and trademarked slogans (btw marketing a code of ethics for money is the basest form of fandom manipulation, but also the most transparent and unironic demonstration of greed). He never sold Covid-themed merchandise. He never used the Black Lives Matter campaign to enrich himself. He has never sold merch claiming to support women and then sing explicit lyrics objectifying women as sexual body parts. He will never turn a social tragedy into a marketing opportunity.
This is Louis. He will always feel grateful for fandom’s support. His humility is not an act. His generosity is not a slogan. He will try his best; he will persevere. When knocked down, he will get back up. He is a singular type of star; there is no one quite like him. In supporting him for all these years, I feel proud of Louis and Louies for our humanity and love for each other. No matter the numbers, in his solo career Louis has distilled the best of One Direction into the utmost caring, fun, and creative excellence. He will continue to thrive, and Louies will continue to grow in numbers, and we will keep caring for each other.
#louis tomlinson#louies#23.6.2023#one might even say that Louis is educating other celebs on how to be a good human being
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I like the detail about Cainhurst people being able to cancel out blood healing; they have Numbing Mist and Cain Servants can shoot the dart at you that doesn't let you heal while effect is active! Numbing Mist also works on Amelia when she heals "magically" by using Gold Pendant 🤔
But what's also interesting is that Logarius has a similar power too? There is a trick where he puts a dagger in the floor and you can't heal until you destroy it! He did come from Healing Church but he uses a rather Pthumerian magic (red skulls and all), and is himself a Pthumerian (who are ancestors of Vilebloods, the Pthumeru Ihyll ones in particular)!
My idea about him being weirdly Cainhurst-ish all things considered was that he picked on some sort of curse when he killed the King, as lore does say that his intention to gatekeep anyone from Annalise is to "protect". Like some twisted self-sacrifice connected with the fact that Annalise can't be killed, just trapped apparently.. well, Alfred didn't end well after killing her, right? Who the fuck knows what is the price for killing a Vileblood royalty? Logarius got effected but could handle it, Alfred was young and vulnerable though. But now that I think about it, maybe him knowing similar tricks prior massacre helped to "cancel out" whatever advantage Cainhurst Vilebloods had with no-heals, making Executioners even stronger 🤔
There are just various working variants!
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OFMD is dead in the water. that show is not coming back
but! we can appreciate the show that we have. and the fanworks. and the art. and the BTS we've received from samba and other cast + crew
my assumption is that Max was professionally embarrassed by the renewal campaign and the amount of backlash from the fandom and have dug their talons into the IP. essentially, refusing to let it go so another corporation cannot profit off of it. but making no effort to actually utilize the IP
or even enforce copyright/trademark, i think. because merch & art are freely bought and sold. i don't use youtube but i see clips of the show on there so i assume they aren't getting DMCA'd
i know we want to Believe because Other Shows have Been Saved but the wheel of unsustainable exponential growth based capitalism turns and turns and we are at a point in television history where the enshittification has never been this severe
it is much more financially lucrative to make a new show, let it stream for a bit, and take it off the air as tax write-off. and especially post strike, when there's more protections for writers and actors? more residuals? it's far less likely for written television to be made, more likely for unscripted/low scripted reality TV. and money is to be made in hiking up costs, in forcing you to watch ads, in making streaming user-hostile.
it costs money to make official merch it costs money to host shows online it costs money to produce DVDs and blurays. it's jobs and labor and materials and distribution
and consumers hate... literally every aspect of this. why are our shows being canceled? why can't we physically own our media? why can't we have official merch? why are subscriptions so expensive? why are you forcing ads on us?
the industry is going to collapse entirely. the process has already started. something is going to give, and the streaming companies are going to hemorrhage money
something will emerge from the rubble. eventually. hopefully it's good. hopefully it isn't AI.
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Cancellation Against of Trademark in Vietnam
Trademark is the priceless asset with your company because of being used to distinguish goods or services of different organizations or individuals.
It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or confuse and lead many damages to your company such as distinguishing capacity, losing reputation and sale decline.
Cancellation Against of Trademark in Vietnam
In fact, many international companies after co-operating with domestic companies to distribute or sell good, find that co-operators steal their trademark by registered trademark protection in National offices intellectual property. Because trademark is protected independently in each nation, it is easy for violators to do steal trademarks.
To protect your rights and benefits, you should request Vietnam IP authority to cancel violated trademark. With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in cancelling against of trademark in Vietnam as follows:
Cancellation against of trademark in Vietnam
Under the Article 96 of the Law on Intellectual Property of Vietnam (IP Law), a certificate of trademark registration may be cancelled wholly or partly, by any third party’s request.
The applicant may request to the National Office of Intellectual Property (NOIP) in written form to cancel protection titles in the cases specified provided that they pay fees and charges.
Period for filling cancellation request
To request cancellation of a trademark due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation of a trademark due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation
A certificate of trademark registration may be cancelled wholly or partly, by any third party’s request, in the following cases:
The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;
The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the reason for request (clearly stating the serial number of the protection title, reason, legal grounds, contents of the request for termination or Cancellation of part of or the entire protection title) and relevant documents.
Time and procedures
In case a request for cancellation of trademark protection title is made by a third party, the NOIP shall notify in writing the third party’s opinions to the protection title holder, setting a time limit of two months from the date of notification for the trademark protection title holder to respond.
After considering opinions of the parties, the NOIP shall issue a decision on cancellation of part of the entire protection title or notify its refusal to cancellation the trademark protection title.
If disagreeing with the NOIP’s decision on handling of the request for Cancellation of the trademark protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice.
A decision on cancellation of a trademark protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within two months from the date of its signing.
ANT Lawyers – IP services in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
Source ANTLawyers: https://antlawyers.vn/library/cancellation-against-of-trademark-in-vietnam.html
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Cancellation Against of Trademark in Vietnam
Trademark is the priceless asset with your company because of being used to distinguish goods or services of different organizations or individuals.
It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or confuse and lead many damages to your company such as distinguishing capacity, losing reputation and sale decline.
Cancellation Against of Trademark in Vietnam
In fact, many international companies after co-operating with domestic companies to distribute or sell good, find that co-operators steal their trademark by registered trademark protection in National offices intellectual property. Because trademark is protected independently in each nation, it is easy for violators to do steal trademarks.
To protect your rights and benefits, you should request Vietnam IP authority to cancel violated trademark. With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in cancelling against of trademark in Vietnam as follows:
Cancellation against of trademark in Vietnam
Under the Article 96 of the Law on Intellectual Property of Vietnam (IP Law), a certificate of trademark registration may be cancelled wholly or partly, by any third party’s request.
The applicant may request to the National Office of Intellectual Property (NOIP) in written form to cancel protection titles in the cases specified provided that they pay fees and charges.
Period for filling cancellation request
To request cancellation of a trademark due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation of a trademark due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation
A certificate of trademark registration may be cancelled wholly or partly, by any third party’s request, in the following cases:
The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;
The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the reason for request (clearly stating the serial number of the protection title, reason, legal grounds, contents of the request for termination or Cancellation of part of or the entire protection title) and relevant documents.
Time and procedures
In case a request for cancellation of trademark protection title is made by a third party, the NOIP shall notify in writing the third party’s opinions to the protection title holder, setting a time limit of two months from the date of notification for the trademark protection title holder to respond.
After considering opinions of the parties, the NOIP shall issue a decision on cancellation of part of the entire protection title or notify its refusal to cancellation the trademark protection title.
If disagreeing with the NOIP’s decision on handling of the request for Cancellation of the trademark protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice.
A decision on cancellation of a trademark protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within two months from the date of its signing.
ANT Lawyers – IP services in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
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TTAB Opposition: Key Reasons Why Trademark Applications Get Challenged
When businesses and individuals file for trademark registration, their applications are carefully scrutinized not just by the United States Patent and Trademark Office (USPTO), but potentially by any third party who believes the registration may adversely affect them. This can lead to what is known as a trademark opposition, a formal dispute against the registration of the trademark. Such oppositions are handled by the Trademark Trial and Appeal Board (TTAB), an administrative tribunal of the USPTO.
1. Likelihood of Confusion
The most common ground for a trademark opposition is the likelihood of confusion with an already existing trademark. If an applied-for mark is too similar to another mark that is already registered or pending and covers related products or services, the TTAB may find a likelihood of confusion. Trademark Opposition Lawyers meticulously analyze prior marks and argue whether the similarities between the marks are likely to cause confusion among consumers.
2. Descriptiveness or Genericness
A trademark that is deemed merely descriptive or generic can also be a target for opposition. A descriptive mark describes a quality, characteristic, function, or feature of the goods or services and does not qualify for registration unless it has acquired distinctiveness through extensive use in commerce. Generic terms, which are the common names for products or services, cannot be trademarked at all. Attorneys specializing in trademark oppositions are skilled in presenting evidence about how a mark is perceived by the public.
3. Prior Rights (Common Law Rights)
Even if a trademark is not registered, prior common law rights can be grounds for opposition. Businesses that have been using a mark in commerce, even locally, may oppose a new application if they believe it infringes on their established rights. Trademark Opposition Attorneys often rely on demonstrating the extent and geographical reach of their client’s prior use to support their opposition.
4. Bad Faith
Bad faith applications are those where the applicant is suspected of knowingly applying for a trademark with the intent to cause confusion or to capitalize on the reputation of existing trademark holders. Establishing bad faith requires deep legal insights and strategic presentation of evidence, tasks that are typically handled by experienced Trademark Opposition Lawyers.
5. Nonuse
A trademark must be actively used in commerce to maintain its registration. If an opposition is filed on the grounds that a trademark has not been genuinely used, the applicant must provide proof of use, or the registration can be canceled. This is a critical area where Trademark Opposition Attorneys can either defend the existing use or challenge the purported use by the applicant.
6. Functionality
A mark that is deemed functional — meaning that the feature it represents is essential to the use or purpose of the product, or affects the cost or quality of the product — cannot be trademarked. Lawyers experienced in trademark oppositions can argue whether a mark's functionality truly disqualifies it from trademark protection.
The Role of Trademark Opposition Lawyers
Trademark Opposition Lawyers play a critical role in navigating the complex proceedings of the TTAB. Their expertise not only involves the submission of legal briefs and evidences but also strategic counseling to clients about the feasibility and potential outcomes of filing an opposition or defending against one.
Handling Oppositions and Cancellations
Trademark Oppositions / Cancellations are serious legal challenges that can determine the fate of a trademark. Whether advocating for the opposition or defending the application, a skilled Trademark Opposition Attorney can influence the outcome through compelling arguments, thorough research, and strategic use of legal precedents.
Conclusion: Reyes & Schroeder Associates
Navigating the complexities of trademark oppositions and cancellations requires legal expertise that only seasoned Trademark Opposition Attorneys can offer. Reyes & Schroeder Associates prides itself on providing top-tier legal counsel in the realm of trademark law. With a robust understanding of TTAB procedures and a commitment to safeguarding intellectual property rights, Reyes & Schroeder Associates ensures that your trademark endeavors are both protected and prosperous. Our team's strategic approach to handling trademark disputes embodies a blend of thorough legal knowledge and tactical prowess, aimed at delivering optimal outcomes for our clients. Trust Reyes & Schroeder Associates to guide you through the intricacies of trademark oppositions and secure your brand's future.
#Trademark Opposition Process#Trademark Law#Intellectual Property Rights#TTAB Procedures#Trademark Legal Defense
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Cancellation Against of Trademark in Vietnam
Trademark is the priceless asset with your company because of being used to distinguish goods or services of different organizations or individuals.
It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or confuse and lead many damages to your company such as distinguishing capacity, losing reputation and sale decline.
Cancellation Against of Trademark in Vietnam
In fact, many international companies after co-operating with domestic companies to distribute or sell good, find that co-operators steal their trademark by registered trademark protection in National offices intellectual property. Because trademark is protected independently in each nation, it is easy for violators to do steal trademarks.
To protect your rights and benefits, you should request Vietnam IP authority to cancel violated trademark. With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in cancelling against of trademark in Vietnam as follows:
Cancellation against of trademark in Vietnam
Under the Article 96 of the Law on Intellectual Property of Vietnam (IP Law), a certificate of trademark registration may be cancelled wholly or partly, by any third party’s request.
The applicant may request to the National Office of Intellectual Property (NOIP) in written form to cancel protection titles in the cases specified provided that they pay fees and charges.
Period for filling cancellation request
To request cancellation of a trademark due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation of a trademark due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation
A certificate of trademark registration may be cancelled wholly or partly, by any third party’s request, in the following cases:
The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;
The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the reason for request (clearly stating the serial number of the protection title, reason, legal grounds, contents of the request for termination or Cancellation of part of or the entire protection title) and relevant documents.
Time and procedures
In case a request for cancellation of trademark protection title is made by a third party, the NOIP shall notify in writing the third party’s opinions to the protection title holder, setting a time limit of two months from the date of notification for the trademark protection title holder to respond.
After considering opinions of the parties, the NOIP shall issue a decision on cancellation of part of the entire protection title or notify its refusal to cancellation the trademark protection title.
If disagreeing with the NOIP’s decision on handling of the request for Cancellation of the trademark protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice.
A decision on cancellation of a trademark protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within two months from the date of its signing.
ANT Lawyers – IP services in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
Source ANTLawyers: https://antlawyers.vn/library/cancellation-against-of-trademark-in-vietnam.html
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Review: The People's Joker (2022)
Just because I left Fort Lauderdale, and with it Popcorn Frights, behind when I moved to Boston last year doesn't mean I have to give up on horror festivals. And just as I managed to sneak in a trip to the Telluride Horror Show amidst my adventures in Utah back in 2022, so too did I find that -- where else? -- Salem, Massachusetts hosted the annual Salem Horror Show in April and May. Tonight was the first night, and they screened one of the festival's token non-horror films in The People's Joker, a queer Batman spoof made without any official approval from DC Comics or Warner Bros. (They originally had a screening of Hocus Pocus planned with Kathy Najimy as a special guest, but Najimy had to cancel at the last minute.) How was it?
The People's Joker (2022)
Not rated
<Originally posted at https://kevinsreviewcatalogue.blogspot.com/2024/04/salem-horror-fest-week-1-day-1-peoples.html>
Score: 4 out of 5
The People's Joker exists in a place very similar to that enjoyed by Escape from Tomorrow. In both cases, you have independent filmmakers making unlicensed, unauthorized use of American pop iconography, Disney in the case of Escape from Tomorrow and DC Comics in the case of this film, as a way of satirizing and critiquing it with a particular focus on its corporate ownership and its role in the modern economy. Unlike Disney, which permitted the release of Escape from Tomorrow, DC Comics and Warner Bros. actively tried to clamp down on this film, which was ultimately saved by fair use laws protecting parodies like this. And of the two, I'd argue that this film pulls off what it was trying to do a lot better. While both films are elevated by a particular psychedelic edge and punk-rock attitude, Escape from Tomorrow was too incoherent to really stick the landing or even really convey what it was trying to say, while The People's Joker manages to successfully pull off being not only a dark parody of Batman in which the Joker is the hero, but also a hilarious comedy in its own right, a queer coming-out story, a satire of the entertainment industry (especially stand-up and sketch comedy), and a film that manages to get its message across loud and clear. For obvious reasons, I don't expect this to be more than a cult classic, but it's one I enjoyed and do not regret watching.
In this take on Batman's most iconic villain, one that's most obviously based on the movie Joker but draws on many versions of the character (as well as elements of Harley Quinn), the Joker is now a trans woman who leaves her disapproving mother in Smallville, Kansas for Gotham City in the hopes of becoming a comedian like her idol, UCB Live star Ra's al Ghul. There, upon being exposed to the gatekeeping and hypocrisy of the world of mainstream standup comedy, which here serves largely to prop up a corporate-run dystopia even as it still claims the legacy of those who once spoke truth to power, she starts her own underground "anti-comedy" troupe in an abandoned carnival that comes to be comprised of many of Batman's traditional baddies from the comics. (Her trademark gag is inviting people onstage to tell the world their saddest experiences and then huffing Smilex and laughing her ass off at their misery, because after all, this is still the Joker we're talking about.) This eventually puts her on a collision course with Batman himself, who's depicted as not only the jackbooted thug that more cynical deconstructions of superhero comics have framed him as, but also a perverted closet case on top of it. (Let's just say, this film gets a lot of mileage out of all those jokes you've heard about his relationship with his sidekick Robin.)
The film ain't exactly subtle in what it's saying. UCB Live is a clear-cut parody of Saturday Night Live, right down to the fact that Lorne Michaels is a character in the film, and moreover, its initialism is lifted straight from the famed Chicago comedy troupe the Upright Citizens Brigade that played such a major role in the development of standup and sketch comedy in the '90s and '00s, including producing multiple SNL stars. And while the film never names him so directly, you also get the sense that its writer, director, and star Vera Drew really isn't a fan of Joe Rogan or the standup circle he's built around himself, either. The Joker's introduction to UCB Live's casting has her body being scanned and her being deemed a potential comedy superstar because she has a small penis and is therefore mistaken for the kind of insecure man who the industry is built upon. Her comic idol Ra's starred in a Borat-like film whose main joke was making fun of foreigners. The whole reason Batman, an avatar of the elite if ever there was one (being the CEO of Wayne Enterprises and all), comes after her is because she directly criticizes and threatens the ruling class in a way that the corporate, sanitized world of UCB Live merely pretends to. Drew is somebody who clearly has experience with comedy and the people who inhabit it, and is very much writing that experience into the meat of the story, a metaphorical representation of an entertainment industry that, in her view, only cloaks itself in populism and progressive language enough that it can fend off criticism without actually making any meaningful changes.
Much of this is told through a mix of a riotous and raunchy comedy and the Joker's romance with her fellow comic Jason Todd, aka "Mr. J", a trans man who's envisioned here as a mix of Robin and the edgelord Jared Leto version of the Joker from the DC Extended Universe. The gags came flying at a mile a minute, and often had me busting my gut in laughter. The whole cast is game for the material, with Drew making the Joker a compelling anti-hero not just as a comic presence but also as somebody whose journey from a Midwestern girl-trapped-in-a-boy's-body to a flamboyant Clown Princess of Crime was one that I found myself genuinely invested in. Kane Distler as Mr. J was also an interesting presence, somebody whose relationship with the Joker starts promisingly only for him to turn emotionally abusive and self-centered (complete with a "gaslighting" pun that had me cracking up), indicating that, when he transitioned, he wound up embracing the most noxious forms of hypermasculinity. And as for the style of the film, Drew goes for an exaggerated feel that combines live-action filmmaking, highly stylized CGI, what appears to be a mannequin representing Poison Ivy, and very crude animation both 2D and 3D to create a feeling that reminded me of watching Adult Swim or surfing Newgrounds back in the 2000s. There clearly wasn't much of a budget here, so Drew instead leaned on creativity, both her own and the dozens of artists worldwide who each contributed to the film. It was as unique a film to watch as it was an entertaining comedy, one that demonstrated a lot of talent and commitment on the part of everybody involved.
The Bottom Line
There's no way in hell that The People's Joker is ever getting a wide release, but if it plays near you, I highly recommend seeking it out, as a twisted, countercultural sendup of everything from superheroes to mainstream comedy to who gets to call themselves "the counterculture".
#the people's joker#2022#2022 movies#comedy#comedy movies#superhero#superhero movies#romance#romance movies#the joker#joker#batman#jason todd#poison ivy#tim heidecker#bob odenkirk#vera drew
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Navigating Amendments to a Registered Trademark
Understanding the Process of Amending a Registered Trademark
Securing trademark registration involves a meticulous process spanning approximately a year. Ensuring error-free submissions is pivotal for comprehensive trademark protection. Delve into the intricacies of amending a registered trademark in this informative piece.
Authority for Modifying Trademarks:
Oversight of trademark amendments falls under the jurisdiction of the Registrar for Trademarks, appointed by the Controller-General of Patents Filings, Designs & Trademarks. Applicants seeking alterations must engage with the Registrar to effect necessary changes.
Scenarios for Amendment or Rectification:
Amendments may arise due to various factors, including inaccuracies in the registered proprietor's details, changes in ownership following assignment, incorrect classification of goods, or the need to cancel certain goods or services. Additionally, amendments may address figurative elements, similarity issues with other marks, or minor cosmetic adjustments.
Rectification in the Certificate of Registration:
For minor discrepancies in the registration certificate, applicants can file the appropriate form along with supporting documentation. Conversely, major discrepancies necessitate proceedings initiated by the Tribunal.
Procedure for Rectifying Trademarks:
Upon submission of the requisite form and fee, the Registrar evaluates the trademark's validity and the applicant's eligibility for rectification. Affidavits may be filed in case of disputes over ownership or title. Thorough application submissions facilitate a smooth rectification process.
Modification of a Registered Trademark:
Even post-receiving the registration certificate, alterations that do not significantly alter the trademark's essence are permissible. The Registrar may advertise such alterations if necessary, allowing for opposition within a specified period.
Forms for Altering a Trademark:
Various forms cater to specific alteration requirements, including minor changes in proprietorship details, changes in proprietor name, address modifications, trademark cancellations, changes in classification, and alterations in the trademark itself.
Permitted Adjustments or Amendments:
Certain adjustments, such as changes in the proprietor's name or address on the trademark label, are permitted. However, alterations impacting the representation of the company's name require scrutiny. Opposition to alterations can be lodged, and the Registrar follows prescribed procedures for resolution.
Ensuring Flawless Trademark Registration:
While corrections are feasible, aiming for error-free trademark registration initially is advisable. Leveraging online trademark registration services ensures meticulous scrutiny of documents and error-free submissions, minimizing processing delays.
By grasping the intricacies of amending a registered trademark and harnessing expert assistance, businesses can navigate the process effectively, safeguarding their intellectual property rights.
#newbusiness#businessstartup#startup#companyincorporation#crowdfunding#legal#dpiitregistration#gstregistration#trademarkrenewa#trademarkregistration#trademarkobjection#trademark
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Maximizing Success at Your Trademark Hearing: Why Choosing the Right Partner is Crucial
Introduction to Trademark Hearings
As a business owner, protecting your brand is essential to ensuring long-term success. One of the critical steps in safeguarding your intellectual property is obtaining a trademark registration. However, there may come a time when someone challenges your trademark, leading to a trademark hearing. In this article, I will guide you through the trademark hearing process and explain why choosing the right partner is crucial to maximizing your chances of success.
Understanding the Trademark Hearing Process
A trademark hearing is a legal proceeding where both parties present their arguments and evidence regarding the validity or infringement of a trademark. This process aims to resolve disputes and determine the fate of the trademark in question. It is essential to understand the trademark hearing process thoroughly to navigate it successfully.
The first step is the submission of documents required for the trademark hearing. These documents include evidence of prior use, proof of distinctiveness, and any other relevant supporting materials. Careful preparation and organization of these documents are vital to presenting a compelling case.
Documents Required for a Trademark Hearing
To ensure a strong case, you must gather and submit specific documents for your trademark hearing. Firstly, you need to provide evidence of prior use, such as sales records, advertising materials, or any other documentation that demonstrates the history and usage of your trademark. This evidence strengthens your claim to the trademark's validity.
Additionally, you should include proof of distinctiveness, showing that your trademark is unique and easily distinguishable from others in the marketplace. This can be achieved through consumer surveys, testimonials, or expert opinions. The more evidence you can provide to support your claim, the stronger your position will be in the trademark hearing.
Trademark Hearing Fees and Other Costs
Before proceeding with a trademark hearing, it is crucial to be aware of the associated fees and costs. Filing fees, attorney fees, and other expenses can quickly add up, and it is essential to budget accordingly. The cost of a trademark hearing can vary depending on various factors, such as the complexity of the case and the jurisdiction in which it is being conducted.
In addition to the financial costs, a trademark hearing also requires a significant investment of time and effort. It is essential to dedicate the necessary resources to prepare a compelling case, including hiring experienced legal representation. By understanding and accounting for the fees and costs involved, you can better plan for a successful trademark hearing.
Show Cause Hearing in Trademark Cases
In some trademark cases, a show cause hearing may be held to allow the opposing party to explain why a trademark should not be granted or why it should be canceled. This hearing provides an opportunity for both parties to present arguments and evidence before a decision is made. It is crucial to be well-prepared and have a strong legal team by your side to navigate the complexities of a show cause hearing.
During a show cause hearing, the opposing party must prove that there are valid grounds for denying or canceling the trademark. This can include demonstrating that the trademark lacks distinctiveness, is misleading, or infringes upon existing trademarks. Your legal team will work to counter these claims and protect your trademark rights.
Trademark Opposition Hearings
Trademark opposition hearings occur when someone opposes the registration of a trademark. This can happen if they believe the trademark is too similar to their own or if they believe the trademark is not distinctive enough. During an opposition hearing, both parties present arguments and evidence to support their positions.
To increase your chances of success in a trademark opposition hearing, it is crucial to have a thorough understanding of trademark law and the specific grounds for opposition. By working closely with a knowledgeable legal partner, you can develop a strong strategy and present a compelling case that protects your trademark rights.
Trademark Hearing Dates and Scheduling
The timing of a trademark hearing is crucial, as it determines when both parties will present their arguments and evidence. The specific dates and scheduling of a trademark hearing depend on various factors, such as the court's availability and the complexity of the case. It is essential to work closely with your legal partner to ensure that all deadlines and timelines are met.
By carefully planning and adhering to the designated timeline, you can maximize your chances of success at the trademark hearing. A well-prepared legal team will ensure that all necessary documents are submitted on time and that you are fully prepared to present your case before the court.
Conducting a Trademark Hearing Through Video Conferencing
In today's digital age, conducting a trademark hearing through video conferencing has become increasingly common. Video conferencing offers numerous benefits, such as cost savings, convenience, and flexibility. It allows parties from different locations to participate in the hearing without the need for travel.
However, it is crucial to ensure that the video conferencing setup is reliable and secure. Technical glitches or connectivity issues can disrupt the hearing and negatively impact your case. Choosing the right partner who is experienced in conducting virtual hearings is essential to ensuring a smooth and successful process.
The Importance of Choosing the Right Partner for Your Trademark Hearing
Selecting the right partner for your trademark hearing is crucial to maximizing your chances of success. An experienced legal team specializing in intellectual property law can provide invaluable guidance and support throughout the entire process. They will have a deep understanding of trademark law, the hearing process, and the specific requirements in your jurisdiction.
Furthermore, a reputable legal partner will have a track record of success in trademark hearings. They will be well-versed in presenting compelling arguments, gathering relevant evidence, and countering opposing claims. By choosing the right partner, you can benefit from their expertise and increase your chances of a favorable outcome.
Conclusion: Maximizing Success at Your Trademark Hearing
In conclusion, a trademark hearing is a critical step in protecting your brand and ensuring its long-term success. By understanding the trademark hearing process, gathering the necessary documents, and selecting the right legal partner, you can maximize your chances of success.
Remember, a trademark hearing requires careful preparation, thorough research, and strong legal representation. By investing in the right partner, you can navigate the complexities of the trademark hearing process with confidence and safeguard your intellectual property rights
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