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Trademark Registration Use in Commerce Goods or Services

Pillsbury - Propel

Trademark Fundamentals: Use in Commerce

Pillsbury - Propel on

Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more

Ladas & Parry LLP

What Qualifies As Acceptable Use In U.S. Commerce? (UPDATED)

Ladas & Parry LLP on

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. ...more

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

MarkIt to Market® - September 2019: Perception is Everything: Use of Component Marks in Commerce

When it comes to proving use of marks in commerce, perception by consumers is everything. If consumers perceive a mark as identifying only a particular component or feature of the goods in a specimen, the PTO will likely...more

International Lawyers Network

Understanding Trademarks Act Changes

On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement,...more

Hutchison PLLC

Markedly Misunderstood: 4 Common Misconceptions About Trademarks

Hutchison PLLC on

Everyone is familiar with Trademarks. We are literally surrounded by them. Trademarks are the words, logos, packaging and other devices that we use to differentiate goods and services from each other and are how we can...more

International Lawyers Network

New Trademark Laws – Canada | Part I

June 17, 2019 is the big day – a day anticipated since 2014. The major changes to the Canadian Trademarks Act will be implemented on this day. What does this mean for trademark owners?...more

Smart & Biggar

You don’t need to build it for them to come: Federal Court affirms trademark “use” for services does not require bricks and mortar...

Smart & Biggar on

Non-Canadian hoteliers have reason for celebration following the release of the Federal Court of Canada’s anticipated decision in Hilton Worldwide Holding LLP v Miller Thomson LLP, 2018 FC 895 (Hilton Worldwide)....more

Smart & Biggar

Peering over the neighbours’ fence: key differences in trademark laws between Canada and the U.S.

Smart & Biggar on

As trade talks between Canada and the United States dominate the headlines, it is hard to ignore the strong economic ties between these neighbouring nations. For example, the total volume of goods exported from the U.S. in to...more

Spilman Thomas & Battle, PLLC

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more

Jones Day

Use It or Lose It: USPTO to Conduct Post-Registration Trademark Use Audits

Jones Day on

Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more

Ladas & Parry LLP

Evaluating The USPTO’s Efforts To Clean Up The U.S. Trademark Register

Ladas & Parry LLP on

An ongoing issue for the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations where registrants do not actually use or intend to use their marks on all of the goods and services...more

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