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Trademark Application Brand Trademarks

Pillsbury - Propel

Trademark Fundamentals: Materials Ineligible for Trademark Protection

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Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. law. As a startup founder, it’s crucial to understand what cannot be registered as a...more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

Seyfarth Shaw LLP on

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Pillsbury - Propel

Trademark Fundamentals: Distinctiveness

Pillsbury - Propel on

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

Pillsbury - Propel

Trademark Fundamentals: What Is a Specimen of Use?

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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

Hogan Lovells

Trademark Insight 08/2024 – European Union & Germany // Country Focus - Poland

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Liebe Leserinnen und Leser, die vorliegende Ausgabe des Trademark Insight hält erneut einige aktuelle und interessante Entscheidungen der letzten Monate für Sie bereit. Von besonderer Bedeutung sind sicher die Entscheidungen...more

Dorsey & Whitney LLP

The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean,...

Dorsey & Whitney LLP on

The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more

Hogan Lovells

Trademark Insight 02/2024 – Europäische Union & Deutschland // Country Focus - UK Aktuelle markenrechtliche Entscheidungen aus...

Hogan Lovells on

die vorliegende Ausgabe des Trademark Insight hält erneut einige aktuelle und interessante Entscheidungen der letzten Monate für Sie bereit. Von besonderer Bedeutung dürften insbesondere die Vorabentscheidung des EuGH zur...more

McGlinchey Stafford

2024 Cannabis Trademarks and Branding

McGlinchey Stafford on

Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more

Smart & Biggar

Canadian Trademark Law 2023: A Year in Review

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2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks...more

Seyfarth Shaw LLP

4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

Seyfarth Shaw LLP on

Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”).  Republic amended its goods twice during prosecution of the...more

Smart & Biggar

Five New Year resolutions for trademark owners in 2024

Smart & Biggar on

Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more

Dunlap Bennett & Ludwig PLLC

Travis Kelce’s Trademarks Era: A Celebrity Marks Spotlight

Think about some of your favorite brands, and how each is recognized. Everyone knows what a WHOPPER is and who sells it. A very particular shade of blue has been associated with TIFFANY because of the boxes the jewelry is...more

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

MarkIt to Market® - October 2023: A Great Trademark Portfolio Never Goes Out of “Style” – “Mastermind” Brand Protection Strategies...

October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more

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

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Dorsey & Whitney LLP

When is Rebranding a $4 Billion Mistake? Time Will Tell With Twitter’s Decline

Dorsey & Whitney LLP on

The small blue bird adorning nearly every company’s social media section. The verbiage “tweet” and “retweet” working their way into the fabric of modern language. The creation of character-limited, short-form posts as a new...more

Smart & Biggar

Brand Owners, Get Ready Now: Canadian Trademark Fees Are Going Up in 2024

Smart & Biggar on

Earlier this year, the Canadian Intellectual Property Office (CIPO) announced that it will increase its official fees on January 1, 2024. Earlier this summer, we wrote about the impact on patent fees, which are increasing by...more

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

MarkIt to Market® - August 2023: How to Lose a Mark in 3 Ways – Part 3: Naked Licensing

Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can...more

Woods Rogers

Importance of Jack Daniel’s When Picking a Trademark

Woods Rogers on

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to...more

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

Dinsmore & Shohl LLP on

Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

Smart & Biggar

[Ongoing Program] Fast track your trademark applications in Canada: Expediting Canadian trademarks examination - June 15th, 12:00...

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This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

Smart & Biggar

[Ongoing Program] Contentious trademark proceedings: What brand owners should know about defending and enforcing their rights in...

Smart & Biggar on

This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

Tucker Arensberg, P.C.

Should I get a Trademark for my Brand or Business?

A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. Businesses should consider seeking trademark registrations to protect their...more

Faegre Drinker Biddle & Reath LLP

Top Twelve Trademark Transfer Tips (For Portfolio Intake, That Is)

Congratulations!  Your company just acquired a batch of trademarks from a third party.  There are a lot of minutiae to manage, so how do you decide what to do first?  Here are some suggestions for actions you may want to...more

Smart & Biggar

Strong trademark jumps the language barrier; foreign-language mark refused in Canada

Smart & Biggar on

Unlike in the United States, brand names in foreign languages are not automatically protected in Canada. No “doctrine of foreign equivalents” exists to expand a brand owner’s monopoly across linguistic lines. This leaves even...more

Hogan Lovells

Invalidity on bad faith: historical mark imitation only under strict conditions

Hogan Lovells on

According to EUIPO, a historical trademark can still enjoy residual protection even if no (new) goods and services have been offered under it for a long time. If such a historical trademark is then newly applied for by a...more

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