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Trademark Application Corporate Counsel Trademark Trial and Appeal Board

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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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

Womble Bond Dickinson

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

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As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more

Seyfarth Shaw LLP

Federal Circuit Overturns Fifty Years of TTAB Precedent

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The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a...more

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...more

Morrison & Foerster LLP

Lessons from Lizzo’s Precedential Trademark Win

American musician and rapper Lizzo recently scored a victory in the Trademark Trial and Appeal Board (the “Board”), reversing the Trademark Office’s refusal to register the “100% THAT BITCH” mark for “clothing, namely,...more

Polsinelli

100% That’s My Trademark: Common Terms Can Be Source Identifiers Under The Right Circumstances

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A trademark is any word, phrase, symbol, design, or combination of these things that identifies a single source for certain products or services. Trademarks identify the source of certain products or services, provide legal...more

Seyfarth Shaw LLP

The Five Biggest Mistakes the USPTO is Seeing in Expungement and Reexamination Petitions—and How to Avoid Making Them Yourself

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The U.S. Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. And although the Office has issued guidance...more

McDermott Will & Emery

It’s Not in the Bag: TTAB Refuses to Register Generic Handbag Design

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Ending a hard-fought three-year campaign to secure registration of a popular handbag, the US Patent & Trademark Office (PTO) Trademark Trial & Appeal Board designated as precedential its decision refusing registration of the...more

Dickinson Wright

Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks

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The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Refusal to Register Generic Top-Level Domain Trademarks

On February 2, in In re: Vox Populi Registry Ltd., the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) refusal to register a standard character mark and a stylized mark, both related to the “.sucks”...more

Chambliss, Bahner & Stophel, P.C.

Changes to Trademark Act Include New Procedure to Challenge Applications

On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill which includes the Trademark Modernization Act of 2020 (TMA). The TMA, which will become effective in one year,...more

Jones Day

Takeaways from Trademark Law in 2020 and Looking Ahead to 2021

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In this White Paper, we share observations on 2020's most significant developments in trademark law. This year, the U.S. Supreme Court penned three opinions concerning what constitutes a protectable trademark, available...more

Kilpatrick

Trademark Modernization Act Becomes Law: Establishes New Procedures to Remove Deadwood Registrations, Restores Presumption of...

Kilpatrick on

Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021.1 The...more

Fox Rothschild LLP

The TTAB Continues Its Recent Trend Of Failure-To-Function Refusals

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On December 1, 2020, the TTAB continued its recent trend of decisions refusing to register marks on the ground of failure-to-function. In another precedential decision, the TTAB refused Applicant Lee Greenwood’s (“Greenwood”)...more

Fox Rothschild LLP

Want To Save Money? Address Your Trademark Issues Now.

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For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and Appeal Board (TTAB). Some fee increases...more

Dorsey & Whitney LLP

TTAB Weighs in on Registrability of CBD Trademarks

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In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more

Dorsey & Whitney LLP

Beyoncé Trademark Case Provides Evidentiary Lessons Before the TTAB

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Veronica Morales, a wedding/event planner providing services under the trademark BLUE IVY, has unsuccessfully challenged a pending application for the mark BLUE IVY CARTER, filed by BGK Trademark Holdings, LLC (Beyoncé...more

Blank Rome LLP

Federal Circuit Throws Shade on TTAB’s Treatment of Color Trademarks

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Pink insulation, green tractors, robins-egg blue jewelry boxes—they all have something in common: recognizable colors that many associate with products. But can such colors be registered as trademarks and, if so, when? On...more

McCarter & English, LLP

A Hole In None: When A Trademark Filing Goes Awry

As lawyers for start-up and emerging-growth companies, we see a range of disputes between founders and costly missteps that could have been avoided with proper planning and good advice. The ownership of intellectual property...more

Morrison & Foerster LLP

New USPTO Rule Likely To Increase Spam

The United States Patent and Trademark Office (USPTO) just issued new rules that directly affect trademark owners. Going forward, trademark applicants, registrants, and parties to a proceeding before the Trademark Trial and...more

Dorsey & Whitney LLP

Adidas’ All-In Dispute with Church Sheds Light on Trademark Abandonment and Failure to Function as a Trademark

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In 2005, Christian Faith Fellowship Church, a Chicago-based church group, filed two trademark applications for the mark ADD A ZERO for use on clothing, including shirts and caps that they later sold to raise money for...more

Akerman LLP - Marks, Works & Secrets

Cannabis Trademarks Redux

In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more

ArentFox Schiff

USPTO Announces New Rule Requiring US-Licensed Attorneys to Represent Foreign Applicants and Registrants

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In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney....more

Fish & Richardson

New Rule Requires Foreign-Domiciled Trademark Applicants, Registrants, And Parties At TTAB To Be Represented By U.S. Attorney

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Effective August 3, 2019, the United States Patent and Trademark Office (USPTO) will require all foreign-domiciled trademark applicants, registrants, and parties to proceedings at the Trademark Trial and Appeal Board (TTAB)...more

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

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Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

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