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Trademark Registration Corporate Counsel United States Patent and Trademark Office

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

Fox Rothschild LLP

USPTO Debuts New Trademark Search System

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On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with 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

Seyfarth Shaw LLP

Serving the USPTO Director in Actions Involving Non-US Companies: A Little-Known Provision of the Lanham Act

Seyfarth Shaw LLP on

There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC § 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without...more

Polsinelli

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

Polsinelli on

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

Fish & Richardson

USPTO Updates Deadline to Respond to Trademark Office Actions

Fish & Richardson on

The United States Patent and Trademark Office (USPTO) has updated the deadline to respond to Office Actions for trademark applications. As of December 3, 2022, trademark applicants now have three months (instead of the...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

BakerHostetler

Important Changes in USPTO Trademark Practices to Take Effect on Dec. 3, 2022

BakerHostetler on

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond...more

Faegre Drinker Biddle & Reath LLP

The Ohio State University’s Federal Trademark Registration for “THE” – Can They Do That?

Graduates of The Ohio State University (“Ohio State”) are familiar with fans and supporters (and sometimes, Michigan fans) placing an emphasis on the “THE” when saying the school’s name. But the United States Patent and...more

Holland & Knight LLP

Federal Circuit Court Denies "Lehman Brothers" Trademark for Whiskey

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Dickinson Wright on

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

McDermott Will & Emery

PTO Publishes Regulations to Implement Trademark Modernization Act

McDermott Will & Emery on

The US Patent and Trademark Office (PTO) recently published its final rules implementing provisions of the Trademark Modernization Act of 2020 (TMA). Most changes are effective as of December 18, 2021, but certain changes...more

Eversheds Sutherland (US) LLP

Trademark scammer gets the slammer!

On September 15, 2021, the United States District Court for the District of South Carolina imposed significant penalties on a defendant who defrauded thousands of trademark registration holders. The imposition of such...more

Dorsey & Whitney LLP

Coca-Cola Successfully Petitions to Cancel Trademark Registrations Based on Misrepresentation of Source

Dorsey & Whitney LLP on

Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products...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

Jones Day on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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.

Fox Rothschild LLP on

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

Tarter Krinsky & Drogin LLP

Significant 2019 Trademark Developments

In the past calendar year, we saw several significant decisions from the Supreme Court pertaining to trademarks. In Iancu v. Brunetti, 139 S. Ct. 2294, the Supreme Court took another step in dismantling the prohibitions on...more

Tarter Krinsky & Drogin LLP

U.S. Patent And Trademark Office Changes The New Email Address Rule

In this Alert, we reported on the new email address rule. The U.S. Patent and Trademark Office (USPTO), based on objections from trademark attorneys throughout the U.S., has now modified the new email address rule to permit...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

Morgan Lewis

The Practical Impact of USPTO Rule Changes on Your Trademark Filings

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The US Patent and Trademark Office (USPTO) confirmed that new rules relating to email addresses required for trademark applicants and registrants and new specimens requirements will go into effect this week. A new examination...more

McGuireWoods LLP

Use It or Lose It: U.S. Patent and Trademark Office to Audit Certain Existing Trademark Registrations

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Move over IRS, the U.S. Patent and Trademark Office (USPTO) is jumping on the audit bandwagon. The USPTO has recently implemented a new auditing program aimed at promoting “the accuracy and integrity of the trademark...more

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