News & Analysis as of

Trademark Trial and Appeal Board CAFC Trademarks

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

Willcox & Savage on

To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Fox Rothschild LLP

Supreme Court Rejects TRUMP TOO SMALL Trademark

Fox Rothschild LLP on

“TRUMP TOO SMALL”- This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back in January 2018, during the Trump presidency. Since...more

Dunlap Bennett & Ludwig PLLC

Could Trump Too Small Shrink Free Speech Rights In The Trademark Application Process?

The U.S. Supreme Court will hear arguments on November 1, 2023 for Vidal v. Elster, a case that questions whether an application to register “TRUMP TOO SMALL” as a mark can be refused registration, or whether such a refusal...more

Dunlap Bennett & Ludwig PLLC

Killing Them Easier: USPTO “Reverses” the Federal Circuit on Genericness

Generic terms—terms that are primarily understood to be the name of a product or service—cannot be trademarks. For example, one cannot register APPLE as a trademark for (you guessed it) apples. When a trademark becomes...more

White and Williams LLP

Winter COVID-19 Relief Bill: Overview of Key IP and Entertainment Provisions

Congress passed The Consolidated Appropriations Act, 2021 (Act) on December 21, 2020 and the Act was signed into law by President Trump on December 27, 2020. Though titled as COVID relief, the Act includes sweeping changes to...more

BakerHostetler

CAFC Holds the Lack of a Property Interest in a Trademark Does Not Prevent the Commencement of a Cancellation Proceeding

BakerHostetler on

The Court of Appeals for the Federal Circuit (“CAFC”), in a 2-1 vote, held in Australian Therapeutic Supplies Pty., Ltd. v. Naked TM, LLC, Appeal No. 2019-1567 (Fed.Cir. July 27, 2020), that a property interest in a mark is...more

ArentFox Schiff

A New Shade of Protectability

ArentFox Schiff on

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more

Fish & Richardson

Federal Circuit Rules Color Trademarks Can Be Inherently Distinctive, Vacating TTAB

Fish & Richardson on

The Federal Circuit Court of Appeals (CAFC) recently held that “color marks” (i.e., trademarks consisting solely of one or more colors without words or designs) can be inherently distinctive, vacating a 2018 Trademark Trial...more

Stoel Rives LLP

Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Stoel Rives LLP on

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS...more

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