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The United States Patent and Trademark Office (USPTO) has introduced new trademark fees for 2025. These changes are designed to address increased operating costs and examination times and they will impact many routine...more
Many business owners view trademark registration as a smart investment—and they’re right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger...more
Will these changes affect your trademark portfolio? Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will increase trademark fees affecting most future trademark application and registration...more
Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals...more
Recently, the Trademark Trial and Appeal Board (the “TTAB”) affirmed the decision to cancel Registration Nos. 5,376,467 and 5,376,466, for the marks SMARTLOCK and SMARTLOCK with design (the “Smartlock Marks”), in the name of...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In our first part of this series, we provided a brief primer on patents. For the second part of our Intellectual Property series, we take a look at trademarks. Trademarks are not generally considered "technology", but the...more
Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is...more
In a precedential decision earlier this month, the TTAB found that a disclaimer of a term is required as to all services in a Class if it is descriptive as to any services in that Class. This decision appears to contravene...more
Prosecution of a U.S. trademark application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner. The following includes important,...more