News & Analysis as of

Trademark Application Brand United States Patent and Trademark Office

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

DarrowEverett LLP on

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

Pillsbury - Propel

Trademark Fundamentals: Materials Ineligible for Trademark Protection

Pillsbury - Propel on

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

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?

Pillsbury - Propel on

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

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

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

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

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

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

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

Woods Rogers

USPTO Registers the Word “THE” as a Trademark for Ohio State

Woods Rogers on

The trademark THE has just been registered by the United States Patent and Trademark Office (“USPTO”) to The Ohio State University (“OSU”) for t-shirts, ballcaps, and hats.  Yikes!  What does this mean for others wanting to...more

Erise IP

Trademark Delays: Strategies to Work Around the USPTO Backlog

Erise IP on

“How long does it take to register a trademark?” This is a common question from brand owners, and an important one. After all, registering a trademark is a significant step in protecting a brand....more

Ward and Smith, P.A.

The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 2

Ward and Smith, P.A. on

What's in a name?  Beer names can be funny, creative, and whimsical.  But with the growing popularity of craft brewing, it's becoming increasingly difficult to come up with a name that isn't already taken. In Part 1 of...more

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

MarkIt to Market® - December 2021: Thoroughly Modern! The Trademark Modernization Act Offers New Tools for Trademark Owners

Trademark owners and practitioners have some extra reasons to celebrate this year, as the majority of the Trademark Modernization Act went into effect on December 18, 2021. Among other benefits for trademark infringement...more

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

MarkIt to Market® - December 2021

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q4 2021

Robinson & Cole LLP on

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark...more

Dorsey & Whitney LLP

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

Dorsey & Whitney LLP on

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

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

MarkIt to Market® - August 2021: Persistence Pays Off – A Series of Monster Trademark Disputes

Monster Energy Co. (“Monster Energy”), frequent trademark plaintiff, recently found itself on the receiving end of a trademark infringement lawsuit brought by California company Outdoor Pro Shop, Inc. (“Pro Shop”). Pro Shop’s...more

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

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Husch Blackwell LLP

Anatomy Of A Beer Label: Part II

Husch Blackwell LLP on

Aside from the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I post on COLAs, brewers should consider protecting the trademarks featured on their beer labels...more

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

MarkIt to Market® - May 2021: Recognizing Tribal Marks: The Native American Tribal Insignia Database

Using Native American tribal names and symbols as part of popular consumer brands has been an endemic practice within the United States for decades. Popular brands that have appropriated tribal names include Jeep Cherokee,...more

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

MarkIt to Market® - May 2021

[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more

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