Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for....more
Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more
12/3/2020
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Cosmetics ,
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Food and Drug Administration (FDA) ,
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Trademark Registration ,
Trademarks ,
USPTO
On September 25, 2019, Fish Principal Keith Barritt and Associate Nancy Ly hosted the Trademark and Copyright webinar “Trademarks 101.” The webinar focused on the basics of trademark law – what trademarks are, why they...more
Unlike in most countries, in the United States trademark registrations are supposed to reflect marks actually in use in commerce. Trademark rights in the U.S. are earned through use, not simply purchased. Nonetheless, there...more
Effective August 3, 2019, the United States Patent and Trademark Office (USPTO) will require all foreign-domiciled trademark applicants, registrants, and parties to proceedings at the Trademark Trial and Appeal Board (TTAB)...more
U.S. trademark practitioners have long dealt with the issue of applicants, either deliberately or innocently, claiming use of a mark with a far broader scope of goods than is actually the case. This results in a “bloat” of...more
It has long been possible to resurrect trademark applications and registrations that were inadvertently allowed to lapse. Effective July 8, any petition to revive an abandoned application or request to reinstate a trademark...more
In a well-reasoned opinion, the 9th Circuit Court of Appeals recently held that the GOOGLE trademark has not suffered death by genericide – even if the public uses it as a verb for searching the Internet.
The case before...more
After the fifth year of issuance of a U.S. trademark registration, the registration is eligible for “incontestable” status if the owner files a declaration with the U.S. Trademark Office confirming that (1) the mark has been...more