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Trademark Registration Intellectual Property Protection Inherently Distinctive

A&O Shearman

HALLOUMI collective mark fails to prevent trade mark registration for GRILLOUMI

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The High Court has recently upheld the UKIPO’s decision that GRILLOUMI and GRILLOUMAKI can be registered as trade marks, despite opposition from the owners of the collective mark HALLOUMI. This decision highlights the...more

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

AEON Law

Patent Poetry: Trademark Denied for “ChatGPT”

AEON Law on

The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a...more

Kohrman Jackson & Krantz LLP

The Ohio State University Wins the War

By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more

Knobbe Martens

What’s in a Name?: Third Party Use of a Descriptive Term Without Secondary Meaning Can Undermine Assertions of Substantially...

Knobbe Martens on

GALPERTI, INC. v. GALPERTI S.R.L. Before: Moore, Prost, Taranto. Appeal from the Trademark Trial and Appeal Board. Summary:  Evidence of use of a term even without a showing of secondary meaning, by any third party,...more

Knobbe Martens

Registration of a Multi-Color Mark Does Not Require Acquired Distinctiveness

Knobbe Martens on

In Re FORNEY INDUSTRIES, INC. Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging....more

Ballard Spahr LLP

What’s "Kicking" at the ITC – the All Star Sneaker Battle

Ballard Spahr LLP on

One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit...more

Hogan Lovells

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

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The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

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

MarkIt to Market® - September 2018: When the Other Shoe Drops – Keep Calm and (Trade) Dress Up

Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more

Hogan Lovells

U.S. – Reframing the Test for Genericness in the Soft Drink Wars

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Royal Crown Co., Inc. v. The Coca-Cola Co., 2018 WL 3040163 (Fed. Cir. June 20, 2018) - In late June, the Federal Circuit issued  an opinion in the year-long litigation between Royal Crown Co., Inc. (“RC”) and The...more

Jaburg Wilk

What’s in a Name? Trademark Strength in the Blockchain Space

Jaburg Wilk on

Following the recent investment frenzy in crypto-currencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector...more

Hogan Lovells

“BLACK FRIDAY”: Not a trademark, just a day for special shopping deals

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Decision of the German Patent and Trademark Office of 27 March 2018 (ref. no. 30 2013 057 574 – S 33/17/Lösch) - The German PTO has seen the light in the dark of the “Black Friday” battles: The term has been declared free...more

Smart & Biggar

Six Key Trademark Filing and Protection Strategies for Canada in 2018

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As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada’s new trademark law begins in earnest. Announced in 2014, Canada’s Bill C-31 is expected to be implemented...more

Chambliss, Bahner & Stophel, P.C.

Intellectual Property Law Series: Common Trademark Pitfalls Even the Pros Make

We’ve all heard of trademarks. But, what exactly do they do? And how do you select your trademarks, protect them, and then properly use them in commerce?...more

Hogan Lovells

Getting a 3D mark in Vietnam - Overcoming refusals and an industrial design comparative.

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The National Office of Intellectual Property in Vietnam (“NOIP”) has granted a significant number of trade mark registrations for 3D marks. Recently there are around 1-3 3D marks granted each month, but unfortunately there is...more

Foley & Lardner LLP

Can You Identify Your Trade Dress?

Foley & Lardner LLP on

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

Dorsey & Whitney LLP

No Room at the USPTO: TTAB Rejects Booking.com Trademarks As Generic

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Many online businesses prefer to use domain names that communicate as clearly and concisely as possible the types of goods and services offered on their websites. That may be good marketing strategy. But as a recent decision...more

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