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Examination Procedures Trademark Registration

McDermott Will & Emery

PTO Proposes Additional Audits to Put “Specimen Farms” Out to Pasture

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In response to reports that some registrants use fraudulent specimens to prove continued use in commerce, the US Patent & Trademark Office (PTO) proposed an update to its post-registration audit process. Changes in...more

Fish & Richardson

TTAB Rules Consumer Perception Remains the Critical Inquiry for Generic.gTLD Marks

Fish & Richardson on

In June 2020, the U.S. Supreme Court rejected a rule that the combination of a generic term and a generic top-level domain (“gTLD”) is per se generic. See USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020) (“Booking.com”). In...more

McDermott Will & Emery

PTO Lowers the Bar for Genericness Refusals

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The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate...more

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

MarkIt to MarketTM - May 2016

The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods. ...more

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