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Trademark Application Food and Drug Administration (FDA) United States Patent and Trademark Office

Falcon Rappaport & Berkman LLP

Cannabis Rescheduling – A Look Towards the Future of the Industry

The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Overcoming Unique Issues Regarding Trademark Searching and Filing for the Pharmaceutical Industry - April 24th, 2:00 pm...

Trademarks in the pharmaceutical industry are important not only as part of a company’s intellectual property portfolio, but also as a matter of public health, and obtaining a trademark registration in the pharmaceutical...more

Smith Anderson

The Fourth Circuit Court of Appeals Enters the Cheese Wars: Determining Genericness for Trademark Registration

Smith Anderson on

Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to...more

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

MarkIt to Market® - January 2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

Steptoe & Johnson PLLC

Trademark Protection for CBD Supplements

Steptoe & Johnson PLLC on

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law....more

Burns & Levinson LLP

Spilling the Tea on Lawful Use According to the Trademark Office

Burns & Levinson LLP on

Does a trademark applicant’s belief that the cannabis goods specified in its trademark application will become federally lawful in the future provide a sufficient basis upon which to predicate its claimed  “intent to use” the...more

Husch Blackwell LLP

The Trademark Trial And Appeal Board Rules U.S. Cheesemakers Can “Say, Gruyere!”

Husch Blackwell LLP on

A recent decision of the Trademark Trial and Appeal Board (“TTAB”) highlights the overlap between trademark law and food regulatory law as well as the United States’ and Europe’s different approaches to Geographic Indications...more

Hogan Lovells

USPTO Alert – New guidance for registering geographic terms for meats & cheeses

Hogan Lovells on

The United States Patent & Trademark Office (USPTO) issues new guidance for trademark applications covering certain cheese and processed meat products when an applied-for mark includes geographic wording that does not...more

Dickinson Wright

Trademark Applications Covering COVID-19 Related Goods and Services Can Skip the Line

Dickinson Wright on

Following last month’s launch of a program to expedite examination of patent applications related to prevention or treatment of COVID-19, as of June 16, 2020, the U.S. Patent and Trademark Office started also prioritizing the...more

Lowndes

USPTO Allows Petitions for Prioritized Examination of COVID-19 Trademark Applications

Lowndes on

In an effort to help bring potentially life-saving COVID-19 treatments more quickly to market, the United States Patent and Trademark Office (USPTO) announced yesterday that it will accept petitions to advance the initial...more

Knobbe Martens

Trademarks Require “Use in Commerce” – But What If You Need Regulatory Approval Before Selling Your Medical Device?

Knobbe Martens on

The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in...more

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

MarkIt to Market® - November 2019: USDA's New Hemp Rules are a Step Towards Federal Trademark Registration

On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule establishing a national regulatory framework for domestic hemp production, called the U.S. Domestic Hemp Production...more

Knobbe Martens

Trademarks Require “Use in Commerce” – But What If You Need Regulatory Approval Before Selling Your Product?

Knobbe Martens on

The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in...more

Foley & Lardner LLP

Ready to Release a New Pharmaceutical? What to Think About When Selecting Your Drug Name

Foley & Lardner LLP on

Pharmaceutical name clearance in the United States can be complicated. This post aims to provide insight into the regulatory safety review process and the trademark registration process for candidate drug names. This...more

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