News & Analysis as of

Goods or Services Trademark Application

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

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I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Erise IP

What’s Trending in Trademarks, September 2024: Meghan Markle’s Trademark Faces USPTO Pushback, And Can Memes be Marks?

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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: Meghan...more

Pillsbury - Propel

Trademark Fundamentals: Distinctiveness

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In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed...more

Erise IP

What’s Trending in Trademarks, July 2024: Suit Against Prime Hydration Puts Unique Olympic Trademark Law on Display; Are Two...

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: Suit...more

Pillsbury - Propel

Trademark Fundamentals: Selecting Goods and Services for New Applications

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As a startup founder, you’re often faced with numerous decisions that impact the future of your business. One such decision is how to approach trademark applications. A crucial component of this process is selecting the...more

Pillsbury - Propel

Trademark Fundamentals: Use in Commerce

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Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more

Pillsbury - Propel

Trademark Fundamentals: What Is a “Basis” for a Trademark Filing?

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When applying to register a trademark, a critical component you will encounter is selecting a “basis” for the application. Selecting the correct basis is crucial for ensuring that your application is processed smoothly and...more

Pillsbury - Propel

Trademark Fundamentals: What Is a Specimen of Use?

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As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this...more

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

MarkIt to Market® – July 2024: Quarterbacks Face Off in Trademark Bowl

NFL quarterbacks are known for going head to head on the gridiron, but two of the NFL’s top QB’s are now squaring off in the trademark arena. Earlier this month, Lamar Jackson filed two oppositions against FL101, a company...more

Dorsey & Whitney LLP

Rap Music and Cognac: The Federal Circuit Considers if the Mix is Strong Enough to Protect Cognac as a Geographic Indicator

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In March 2019, Cologne & Cognac Entertainment of New Jersey filed a trademark application at the USPTO for recordings featuring music and artistic performances, music composition services, production of musical videos in the...more

Butler Snow LLP

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

Butler Snow LLP on

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

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

MarkIt to Market® – April 2024: Trademarks are for Parents, Not Children

Children are all too familiar with parents telling them that everything they own is actually mom and dads. And as frustrating as this is to hear as a child, a recent opinion from the U.S. Patent and Trademark Office’s...more

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

MarkIt to Market® – April 2024

Welcome to the April 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss why it’s important for businesses to think critically about who they are listing as their trademark owners, how the TTAB...more

International Lawyers Network

Should Disclaimers Always Be Made in U.S. Trademark Applications?

Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your...more

International Lawyers Network

Australian Intellectual Property Reforms Ahead

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Bertini v. Apple Inc., 63 F.4th 1373 (Fed. Cir. 2023)...

In June 2015, Apple began using the mark APPLE MUSIC for its streaming services and filed a trademark application seeking to register the mark for production and distribution of sound recordings and arranging, organizing,...more

Stikeman Elliott LLP

New Service Standards for Trademarks in Effect as of January 1, 2024

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The Canadian Intellectual Property Office amended its service standards for trademarks to better reflect the length of the current trademark registration process. ...more

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

MarkIt to Market® - December 2023

Thank you for reading the December 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the USPTO's new guidance on "clothed" consent agreements, three ways to protect your identify and avoid...more

Dickinson Wright

How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked

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In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection –...more

Irwin IP LLP

Federal Circuit Takes a Bite Out of Apple’s Trademark Application

Irwin IP LLP on

On April 4, 2023, in a case of first impression, the Federal Circuit reversed the Trademark Trial and Appeal Board (TTAB) and held that a trademark applicant cannot use the priority date of a prior application when the goods...more

Haug Partners LLP

Establishing Priority Through Tacking For One Listed Good or Service Will Not Establish Priority For All Goods and Services in a...

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In a precedential decision, the Federal Circuit contemplated whether a trademark applicant can establish priority for every good and service in its application by showing priority through tacking for only one of those listed...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Clarifies Standard for Tacking Doctrine in Trademark Applications

On April 4, in Charles Bertini v. Apple Inc., the Federal Circuit held that a trademark applicant cannot establish priority for every good or service in its application merely because it has priority through tacking in a...more

Dunlap Bennett & Ludwig PLLC

Trademark Specimen Requirements

This blog post explains the general requirements for specimens for trademark and service mark applications. There are numerous exceptions to these general specimen rules depending upon the type of the mark, the respective...more

Linda Liu & Partners

How to select the goods/services in Chinese trademark application

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A trademark applicant should carefully declare the designated goods/services based on its current scope of business and the future development strategy in order to obtain the maximum legal protection for the future brand...more

Sunstein LLP

THE Biggest Collegiate Trademark News This Year: How Ohio State University Trademarked THE

Sunstein LLP on

On June 21, 2022, after a nearly three-year long application process, The Ohio State University registered the trademark THE. The registration of the simple three-letter word has sparked controversy, several internet jokes,...more

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