News & Analysis as of

Trademark Registration Interstate Commerce

Dunlap Bennett & Ludwig PLLC

A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed...more

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

MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more

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

MarkIt to Market® - July 2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

Neal, Gerber & Eisenberg LLP

TTAB Decision Prevents Trademark Registration of CBD Dietary Supplements

Despite the 2018 Farm Bill’s relaxation of hemp regulation, and the fact that many states that have decriminalized or legalized cannabis and its derivatives, applicants still may face an uphill battle in obtaining federal...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

Akerman LLP - Marks, Works & Secrets

Unitary Design Mark Rescues a Phrase Which Failed To Function As A Trademark

In a recent decision on remand from the Federal Circuit, the Trademark Trial and Appeal Board (“Board”) rejected Petitioner adidas AG’s (“adidas”) claim that Respondent Christian Faith Fellowship Church (“CFFC”) abandoned its...more

Dorsey & Whitney LLP

Adidas’ All-In Dispute with Church Sheds Light on Trademark Abandonment and Failure to Function as a Trademark

Dorsey & Whitney LLP on

In 2005, Christian Faith Fellowship Church, a Chicago-based church group, filed two trademark applications for the mark ADD A ZERO for use on clothing, including shirts and caps that they later sold to raise money for...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Trademarks

Womble Bond Dickinson on

Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner. The following includes important,...more

Harris Beach PLLC

Despite Lawful Use in Commerce, Hemp and CBD Trademarks May Still Face Rejection

Harris Beach PLLC on

In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Snell & Wilmer

Trademark Rights Based on Common Law or Federal Registration

Snell & Wilmer on

This article analyzes trademark rights depending on: (1) whether a user is relying on common-law rights or a federal trademark registration, (2) the effective date on which a user’s rights began, and (3) the geographical...more

Dorsey & Whitney LLP

Use in commerce for federal trademark registration: the Federal Circuit slowly moves towards the Supreme Court

Dorsey & Whitney LLP on

Is there any use of a trademark within the United States that is insufficient to support federal trademark registration? The federal trademark laws are based on the Commerce Clause of the United States Constitution, and...more

Foley Hoag LLP - Making Your Mark

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner...more

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