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Trademark Registration

Lowndes

Trademark Scam Emails: Why You Shouldn’t Panic

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A trademark scam is making the rounds targeting business owners through emails from varying businesses marketing trademark legal services. These emails falsely claim that another party is planning to register the recipient’s...more

Womble Bond Dickinson

Update for International Trademark Holders: US Incorporates Madrid Protocol Amendment

Womble Bond Dickinson on

How can trademark owners transition from a national or regional registration to an international registration in a designated territory without prejudice or loss of priority dates? The principle of “replacement” allows a...more

Quarles & Brady LLP

Trademark Fee Changes at the USPTO: Increased Costs for New Application Filing Fees

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We previously reported that on January 18, 2025, the USPTO implemented its new fee schedule, setting certain new fees and raising some existing ones. Now that the fees have been in place for a while, this Client Alert is to...more

Seyfarth Shaw LLP

Turn the Trademarks Off: The Trademarks of Kendrick Lamar, SZA, and Beyonce

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On May 9, 2025, I sat in a crowded football stadium for the sold-out second night of the Grand National Tour concert featuring Kendrick Lamar and SZA (the stage name of Solána Rowe). As I listened to those iconic artists...more

Farella Braun + Martel LLP

What's In a Name?: The Legal Landscape of Choosing Surnames as Trademarks

As noted in the linked article, many iconic brands, including Ford, Harley-Davidson, and JC Penney (yes, he was real), bear the surnames of their founders. These names often lend a sense of authenticity or legacy that...more

ArentFox Schiff

EUIPO Rejects Thom Browne’s Four-Stripe Design Mark as Decorative, Not Distinctive

ArentFox Schiff on

The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....more

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

A Reminder on the Benefits of a Federal Trademark Registration

During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce....more

Wolf, Greenfield & Sacks, P.C.

Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio

In today’s competitive and innovation-driven economy, protecting intellectual property (IP) is no longer just about securing utility patents. A well-rounded IP strategy that incorporates multiple forms of IP, such as trade...more

McDermott Will & Emery

Stylish but Generic: ‘VETEMENTS’ Can’t Dress Up as Trademark

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register the mark VETEMENTS for clothing and related retail services, finding that the mark was generic under the...more

Husch Blackwell LLP

Delaware Overhauls DBA Process

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On February 7, 2025, Delaware House Bill 40, which amends portions of the Delaware Code dealing with the registration of trade names (DBAs) in Delaware, was signed into law by Governor Matt Meyer. ...more

Mayer Brown

Non-Traditional Trademarks

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In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to...more

McDermott Will & Emery

False Connection: Post-Application Date Evidence Can Be Considered

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence...more

Farella Braun + Martel LLP

Trademark Applications Filed on an Intent-To-Use Basis Can Be Vulnerable To Challenge

In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to use the mark in commerce.” 15 U.S.C. § 1051(b). Assuming there is nothing on the face...more

Fish & Richardson

No Space at the Trademark Office for US SPACE FORCE

Fish & Richardson on

In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more

Foley Hoag LLP - Making Your Mark

Brewed in San Diego: Trademark Lessons from America's Craft Beer Capital and Beyond

This year, the INTA Annual Meeting lands in sunny San Diego, California—a city known not only for its breathtaking coastline, laid-back vibe, and rich cultural diversity, but also for its dynamic landscape of iconic brands...more

Farella Braun + Martel LLP

In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights

It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more

McDermott Will & Emery

No Green Light to Register Color Mark for Medical Gloves

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more

ArentFox Schiff

It’s Not Easy Being Green (If You Are a Color Trademark for Medical Gloves)

ArentFox Schiff on

In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more

Irwin IP LLP

Finding The Right Fit: The Test for Color Marks 

Irwin IP LLP on

In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) - On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is...more

Amundsen Davis LLC

How Businesses Can Enforce Trademark Registrations

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Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and...more

Womble Bond Dickinson

Trademark Law is Now Better in The Bahamas

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For most people, a mention of The Bahamas brings to mind sun, sand and tropical beverages. However, if you are an IP attorney, thoughts of sun, sand and cocktails may now be replaced by the Bahamian Intellectual Property...more

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

Avoid Pitfalls in Declaration of Use Filings: Domicile Address Requirements and U.S. Counsel Rule

Owners of U.S. trademark registrations issued in 2018 or 2019 will be facing an initial maintenance filing deadline this year (either a Section 8 or Section 71 Declaration of Use), and will need to take note of a new rule...more

Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Fish & Richardson

More Is More: Ensure Your Mark Is Protectable Before You Enforce

Fish & Richardson on

The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more

Erise IP

The Surge of Gulf of America Trademarks: A Unique Legal Landscape of Opportunities and Hurdles

Erise IP on

Since the renaming of the Gulf of Mexico to the Gulf of America, the United States Patent and Trademark Office (USPTO) has seen a surge in trademark applications for the phrase. Seventeen new applications have been filed...more

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