News & Analysis as of

Trademark Registration Patent Trial and Appeal Board

McDermott Will & Emery

It May Be a Hairy Situation, but Detailed Declaration Sufficient Evidence of Prior Use

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s refusal to register a mark, finding that an unchallenged, detailed declaration by the opposing company’s director sufficed as...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

McDermott Will & Emery on

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Quarles & Brady LLP

Safety Helmet Product Configuration Trademark Registrations Demolished by Lack of Evidence of Acquired Distinctiveness

Quarles & Brady LLP on

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “… a three dimensional...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

International Lawyers Network

Trademarking a Name and the Right of Publicity

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

WilmerHale

PTAB/USPTO Update - June 2022

WilmerHale on

USPTO Leadership - ..In May, USPTO Director Kathi Vidal delivered official remarks at the International Trademark Association (INTA) Annual Convention, the Patent Public Advisory Committee (PPAC), and the Advanced...more

WilmerHale

PTAB/USPTO Update - January 2022

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director.  Kathi Vidal, the Biden Administration’s nominee to be the next Director, testified at the Senate Judiciary Committee’s hearing...more

Fox Rothschild LLP

How long does U.S. patent and trademark prosecution take? (2021 edition)

Fox Rothschild LLP on

The USPTO recently released its FY 2021 Performance and Accountability Report, which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark...more

WilmerHale

PTAB/USPTO Update - November 2021

WilmerHale on

USPTO News - ..On October 26, 2021, President Joe Biden nominated Kathi Vidal, the managing partner of Winston and Strawn’s Silicon Valley office, as the next Under Secretary for Intellectual Property and Director of the...more

Weintraub Tobin

The Briefing: COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

Weintraub Tobin on

In this episode, Scott and Josh discuss the changes in Intellectual Property Law stemming from the recently passed COVID-19 Stimulus Bill. The IP law blog is a publication of Weintraub Tobin (www.weintraub.com). The...more

McAfee & Taft

What this year’s Supreme Court opinions mean for you

McAfee & Taft on

2020 was a tumultuous year. And while you were busy shifting to online meetings, implementing new measures to keep employees and customers safe, and otherwise adapting to the challenges created by the coronavirus, the U.S....more

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

PTAB Due Date Extensions Available Under CARES Act Amid COVID-19 Outbreak

On Tuesday, March 31, 2020, the United States Patent and Trademark Office (USPTO) issued Notices of Waiver of certain USPTO deadlines, including deadlines in inter partes review (IPR), post grant review (PGR), and covered...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Strikes Down Statute Banning Scandalous and Immoral Trademarks

• The Federal Circuit held that the “immoral or scandalous” clause of Lanham Act § 2(a), which prohibits registration of a trademark that “consists of or comprises immoral or scandalous matter,” is unconstitutional under the...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2017

Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

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