News & Analysis as of November 17, 2024

Trademark Registration

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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

In re Post Foods, LLC: TTAB Denies Color Mark for Post’s Fruity Pebbles

BakerHostetler on 5/10/2024

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a...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

USPTO Confirms Lizzo's DNA Test and Reverses Refusal to Register "100% That B*tch"

Harris Beach PLLC on 2/15/2023

The United States Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board (TTAB) recently issued a precedential decision clarifying the circumstances under which an artist can obtain a trademark registration...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

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

The May 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses two recent precedential TTAB decisions – one regarding disclaimer scope and the other exploring how to successfully claim trademark rights in the...more

MarkIt to Market® - April 2020: Color Marks for Product Packaging CAN Be Inherently Distinctive - What This Means for Your Brand...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/6/2020

Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more

MarkIt® to Market - April 2019: What’s The Point (Of Sale Display)?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/9/2019

On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more

MarkIt to Market® - August 2018: #NOPOWER? will.i.am's Hashtag Problems

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/5/2018

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (“Board”) confirmed that a hashtag symbol (#) generally adds little or no source-indicating distinctiveness to a trademark. In this case, rapper...more

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