The May 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses implications for bankrupt trademark owners following the Supreme Court's decision in Mission Product Holdings Inc. v. Tempnology, LLC....
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On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more
5/9/2019
/ Administrative Appeals ,
Displays ,
Point of Sale Terminals ,
Precedential Opinion ,
Trademark Litigation ,
Trademark Manual of Examining Procedure (TMEP) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Use in Commerce ,
Websites
Following the enactment of the 2018 Farm Bill [see related article1], the United States Patent and Trademark Office (USPTO) just this morning released a new Trademark Examination Guide for marks covering cannabis and...more
5/3/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Goods or Services ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
New Regulations ,
Trademark Application ,
Trademark Examination ,
Trademark Examination Guide ,
Trademark Registration ,
Trademarks ,
USPTO
The April 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the legal status of cosmetic products containing hemp-derived CBD and guidance on “point of sale” specimens sufficient to support...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period.
In...more
4/3/2019
/ Cannabidiol (CBD) oil ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Domain Names ,
Farm Bill ,
Federal Trademark Register ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
gTLD ,
Marijuana Cultivation ,
SCOTUS ,
Sunrise Periods ,
Trademark Registration ,
Trademarks
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more
3/5/2019
/ Burden of Proof ,
Certiorari ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Lee v Tam ,
Petition for Writ of Certiorari ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Infringement ,
Trademark Invalidity ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The February 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for cannabis products, the fate of scandalous and immoral trademark registrations, and lists the new gTLD Sunrise Period.
In...more
3/2/2019
/ Cannabis Products ,
Domain Names ,
gTLD ,
ICANN ,
Intellectual Property Protection ,
Marijuana Related Businesses ,
Medical Marijuana ,
Scandalous/Immoral Marks ,
SCOTUS ,
Sunrise Periods ,
Trademark Application ,
Trademarks
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more
The January 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone Color Institute's 2019 color of the year, pointers on protecting logos through copyright registration, Korea's notable amendments to...more
1/31/2019
/ Color Marks ,
Copyright ,
Copyright Registration ,
Corporate Branding ,
Domain Names ,
gTLD ,
Intellectual Property Protection ,
Korea ,
Logos ,
Sunrise Periods ,
Trademarks
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more
The wait is over! The Canadian Privy Council Office recently announced that the long-anticipated changes to Canada’s trademark laws will officially go into effect June 17, 2019. ...more
The November 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for food products, the now-scheduled changes to Canadian trademark laws, and the new gTLD Sunrise Periods.
In this...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more
Babbel.com has estimated that of the world’s approximately 7.5 billion inhabitants, 1.5 billion speak English, about 20% of the earth’s population. English is by far the most commonly-studied foreign language, and even in...more
When examining trademark applications, the United States Patent and Trademark Office (USPTO) considers whether the applied-for mark is confusingly similar to any registered or prior-filed marks by applying the following...more
The October 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how the USPTO determines similarity to prior-filed marks, the considerations of protecting a mark in a foreign language, and the new gTLD...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
Since the Lanham Act was passed in 1946, trademark protection has encompassed an ever expanding list of attributes that can be perceived as denoting the source of a product or service. Recently issued registrations cover...more
The August 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses requirements for registering a scent mark, the U.S. Trademark Trial and Appeal Board's confirmation on whether hashtags add distinctiveness to a...more
We jest! Because, of course, Vandelay Industries – famed import/export company referenced by Seinfeld character George Costanza’s (and owned by the multi-talented “Art Vandelay”) -- is fictitious. But for actual...more
One of the general principles for building a strong trademark is to use it consistently and often. That said, most brands undergo at least some updates throughout their lifetime, in an attempt to stay current – a process...more
The July 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how to maintain rights in core trademarks as brands evolve, a reminder regarding importer and exporter liability for shipping counterfeit goods,...more
8/1/2018
/ Brand ,
Copyright ,
Copyright Infringement ,
Counterfeiting ,
Domain Names ,
Exports ,
gTLD ,
Imports ,
SCOTUS ,
Sunrise Periods ,
Trademarks
The June 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the types of regulatory and other approvals that do not preclude the need for a trademark clearance, examines the relevant considerations in using...more