News & Analysis as of November 17, 2024

Trademark Application

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

Womble Bond Dickinson on 7/15/2024

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

MarkIt to Market® - March 2024: Piling Up Successes by Avoiding Descriptive Dangers

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/2/2024

Joining a series of precedential decisions about descriptiveness, the Trademark Trial and Appeal Board recently affirmed a refusal to register Sheet Pile, LLC’s (“Applicant”) mark ZPILE on the Principal Register, on the...more

If a Good is not a Good, then a Trademark is not a Trademark

Buckingham, Doolittle & Burroughs, LLC on 4/13/2023

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

The Trademark Trial And Appeal Board Rules U.S. Cheesemakers Can “Say, Gruyere!”

Husch Blackwell LLP on 12/18/2020

A recent decision of the Trademark Trial and Appeal Board (“TTAB”) highlights the overlap between trademark law and food regulatory law as well as the United States’ and Europe’s different approaches to Geographic Indications...more

MarkIt to Market® - May 2020: Title of a Single Creative Work... or Something More?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/4/2020

In a recent precedential opinion, the U.S. Patent & Trademark Office Trademark Trial and Appeal Board (TTAB) tackled the often frustrating question of what it takes to acquire trademark rights in the title of a single...more

MarkIt to Market® - May 2020: One of These Things is Not Like the Other: Limiting Disclaimers Within Classes of Services

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/2/2020

In a precedential decision earlier this month, the TTAB found that a disclaimer of a term is required as to all services in a Class if it is descriptive as to any services in that Class. This decision appears to contravene...more

MarkIt to Market® - December 2019: Get in Sync: The Interplay Between Patent Language and Descriptive Word Marks

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/6/2020

In a recent precedential decision, the Trademark Trial and Appeal Board affirmed that the mark SEQUENCING BY BINDING is merely descriptive of goods and services in Classes 1, 9, 10, and 42 related to biological analytes...more

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