News & Analysis as of

Non-Use of Trademarks Intellectual Property Protection

Smart & Biggar

Upcoming changes to Canada’s trademarks regime: what brand owners and their counsel need to know

Smart & Biggar on

On April 1, 2025, long-awaited amendments to Canada’s Trademarks Act and Trademarks Regulations will come into force. The purpose of the amendments is to discourage abuse of Canada’s trademarks regime and to improve the...more

Miller Nash LLP

[Webinar] How To Protect Your IP by Avoiding Common Trademark Mistakes - January 22nd, 9:00 am - 10:30 am PDT

Miller Nash LLP on

If you're looking to safeguard your brand and avoid costly errors in the world of trademarks, this session is a must-attend. Our experienced speakers will guide you through the essential steps to protect your intellectual...more

DarrowEverett LLP

Lessons From the License to Drive (and Protect) Sports Illustrated

DarrowEverett LLP on

For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the...more

Kilpatrick

6 Key Takeaways - Cross-Jurisdictional Nonuse Actions

Kilpatrick on

Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New...more

Seyfarth Shaw LLP

Spireon Decision Shifts Burden of Proving Non-Use to Opposer

Seyfarth Shaw LLP on

The Federal Circuit partially refuted the long held assumption that the trademark applicant has the burden of proving third party marks were in use when determining the strength of the applicant mark. The panel led by Judge...more

Fenwick & West LLP

Federal Circuit Turns the Burden on Trademark Owners to Prove Identical Third-Party Marks Are Not in Use

Fenwick & West LLP on

In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth...more

Jones Day

Trademark Revocation Actions for Non-Use: Who Bears the Burden?

Jones Day on

CJEU Decision  - In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more

International Lawyers Network

Can U.S. Trademark Registrations Be Cancelled for Non-Use?

Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of...more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q4 2020

Robinson & Cole LLP on

Ready for 2021? Make Your (IP) List and Check It Twice - The events of 2020 have posed unique challenges to businesses in the U.S. and globally, testing their ability to adapt to new market conditions, re-evaluate resource...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now - Enforcing and Expanding Your Brand During the COVID-19 Pandemic

Williams Mullen on

On the latest episode of Williams Mullen's Trending Now - An IP Podcast, Ed White is joined by Janet Cho to discuss specific strategies to protect and enhance your brand during the COVID-19 pandemic....more

Mintz - Intellectual Property Viewpoints

How to Maintain Your Trademark Rights When Your Business is Closed

Trademark rights in the US are based on use of a mark not on registration. Failure to use your mark on a product or to offer a service to the public can result in an abandonment of your trademark rights and an inability to...more

Seyfarth Shaw LLP

Can COVID-19 Provide a Sufficient Basis for Claiming Excusable Nonuse of a Trademark?

Seyfarth Shaw LLP on

As others have previously reported, the US Patent and Trademark Office (USPTO) has taken the position that the COVID-19 pandemic constitutes an “extraordinary situation” warranting suspension of certain rules relating to...more

Fox Rothschild LLP

Excusable Nonuse Of A Trademark Due To Coronavirus

Fox Rothschild LLP on

With the closure of “non-essential” businesses throughout the country and the world, the use of trademarks on and in connection with products and services may be interrupted or altogether halted for a period of time. This...more

Hogan Lovells

EUIPO: Repeat trademark applications for the same classes can equate to bad faith

Hogan Lovells on

In July, the Second Board of Appeal of EUIPO declared the MONOPOLY trade mark invalid to the extent that the underlying application covered goods and services for which the trade mark was already registered. Such filings...more

Hogan Lovells

CJEU: Trademark use in clinical trials, no bar to non-use revocation

Hogan Lovells on

This month, the Court of Justice of the European Union (CJEU) addressed a case of particular interest for pharmaceutical companies that are in the process of developing a new product. Regulatory and commercial considerations...more

Dorsey & Whitney LLP

Big Mac? What's That?

Dorsey & Whitney LLP on

When the European Union Intellectual Property Office (EUIPO) last week revoked the EU trade mark registration for the mark ‘BIG MAC’, following a challenge brought by an Irish fast-food chain, SUPERMAC’S, it was hailed by the...more

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

MarkIt to MarketTM - March 2016

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use requirements of which trademark owners should be aware before undertaking a foreign filing program, and currently open gTLD sunrise periods. ...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide