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Disclaimers Trademarks Intellectual Property Protection

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

Bradley Arant Boult Cummings LLP

Fighting for a Strong Mark by Resisting a Disclaimer Request: Short-Term Pain for Long-Term Gain - Intellectual Property News

A strong brand is central to a successful food, beverage, hospitality, or retail business. Knowing this, you make every effort to choose a strong trademark and take all steps necessary to protect it, including retaining an...more

Smart & Biggar

Peering over the neighbours’ fence: key differences in trademark laws between Canada and the U.S.

Smart & Biggar on

As trade talks between Canada and the United States dominate the headlines, it is hard to ignore the strong economic ties between these neighbouring nations. For example, the total volume of goods exported from the U.S. in to...more

McDermott Will & Emery

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

McDermott Will & Emery on

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

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