News & Analysis as of

Trademark Registration Trademark Trial and Appeal Board Corporate Counsel

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

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

Haug Partners LLP

Federal Circuit Clarifies The Relevance Of Third-Party Trademark Registrations In Determining The Conceptual And Commercial...

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In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the burden of showing non-use of such marks on...more

Fenwick & West LLP

Federal Circuit Turns the Burden on Trademark Owners to Prove Identical Third-Party Marks Are Not in Use

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In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth...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

Morrison & Foerster LLP

Lessons from Lizzo’s Precedential Trademark Win

American musician and rapper Lizzo recently scored a victory in the Trademark Trial and Appeal Board (the “Board”), reversing the Trademark Office’s refusal to register the “100% THAT BITCH” mark for “clothing, namely,...more

Polsinelli

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

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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

McDermott Will & Emery

Up in Smoke: TTAB Dismisses E-Cigarette Opposition, Provides Guidance for Effective Evidence and Testimony

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In a precedential opinion, the Trademark Trial & Appeal Board (Board) dismissed an opposition filed against an application for registration of a logo mark containing the word “SMOKES,” finding no likelihood of confusion with...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

McDermott Will & Emery

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

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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

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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

McDermott Will & Emery

“TRUMP TOO SMALL” Trademark Decision Leaves Big Questions

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Revisiting jurisprudence touching on the Lanham Act and the First Amendment from the Supreme Court’s decisions in Matal v. Tam and Iancu v. Brunetti, the US Court of Appeals for the Federal Circuit held that applying Sec....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

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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

Dorsey & Whitney LLP

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

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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

Mintz - Trademark & Copyright Viewpoints

The Trademark Modernization Act Establishes New Trademark Cancellation Procedures

On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act...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

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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

Kilpatrick

Trademark Modernization Act Becomes Law: Establishes New Procedures to Remove Deadwood Registrations, Restores Presumption of...

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Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021.1 The...more

Fox Rothschild LLP

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

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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.

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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

Dorsey & Whitney LLP

TTAB Weighs in on Registrability of CBD Trademarks

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In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more

Blank Rome LLP

Federal Circuit Throws Shade on TTAB’s Treatment of Color Trademarks

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Pink insulation, green tractors, robins-egg blue jewelry boxes—they all have something in common: recognizable colors that many associate with products. But can such colors be registered as trademarks and, if so, when? On...more

McCarter & English, LLP

A Hole In None: When A Trademark Filing Goes Awry

As lawyers for start-up and emerging-growth companies, we see a range of disputes between founders and costly missteps that could have been avoided with proper planning and good advice. The ownership of intellectual property...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

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