The Briefing by the IP Law Blog: Navigating the Hazy Intersection of Cannabis Law & Trademarks
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
The phrase “make your mark on history” is a commonplace one with several meanings and connotations. It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more
Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office...more
As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering...more
The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate...more
Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. What can you do? One option is to institute an opposition with the...more
ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The July 2021 revision replaces and supersedes the October 2018 version, and it...more
Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh's post on the IP Law Blog "Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks." ...more
U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more
The May 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses two recent precedential TTAB decisions – one regarding disclaimer scope and the other exploring how to successfully claim trademark rights in the...more
In a recent precedential decision concerning the rarely litigated or cited Section 2(b) of the Lanham Act, the Trademark Trial and Appeal Board affirmed a refusal to register the service mark...more
Trademark lawyers get excited when trademark protection maneuvers make international headlines; add glamorous royals Harry and Meghan to the mix, and everyone has an opinion on the ramifications of Sussexit and the SUSSEX...more
Every Tuesday, family, friends, and coworkers gather at restaurants across the globe for the now-beloved “Taco Tuesday”; nothing says a good time like discount tacos and margarita specials! It turns out that one of...more
Who doesn’t love a secret menu, where one discovers delicious off-menu favorites and savors them along with the pleasure of feeling in the know? We’ll let you in on a “secret menu” of sorts for trademarks. A little known area...more
On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more
A trademark is a word, phrase, symbol, design, color, sound, or a combination thereof, that serves to identify the source of goods or services from those of another. Questions frequently arise about how trademarks should be...more
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark describes a geographical area such as eastern? Should you register your trademark with the...more
When examining trademark applications, the United States Patent and Trademark Office (USPTO) considers whether the applied-for mark is confusingly similar to any registered or prior-filed marks by applying the following...more
In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (“Board”) confirmed that a hashtag symbol (#) generally adds little or no source-indicating distinctiveness to a trademark. In this case, rapper...more
Hello loyal TMCA readers – This is the first installment of what we hope to be an informative series of posts called Quirky Questions: TMCA Edition. Our labor and employment colleagues have a great blog, Quirky Questions,...more
Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana...more
In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,...more
“Phantom marks” are trademarks that contain a variable element, such as the mark T.MARKEY TRADEMARK EXHIBITION 2***, in which the asterisks represent elements that change to indicate different years. Trademark Manual of...more
In a precedential decision in In re Fantasia Distribution Inc, Serial 86185623 (September 21 2016), the Trademark Trial and Appeal Board (TTAB) held that a repeating diamond design pattern appearing on an electronic hookah...more