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United States Patent and Trademark Office › Appeals › Trademark Registration

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McDermott Will & Emery

Rum Wars: Lanham Act Doesn’t Preclude Judicial Review of PTO Renewal Decisions

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The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s ruling, holding that the Lanham Act does not foreclose an Administrative Procedure Act (APA) action for judicial review of the US Patent...more

McDermott Will & Emery

Hot Mess? Second Circuit Douses Injunction Based on Weak Mark

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The US Court of Appeals for the Second Circuit reversed a district court’s grant of preliminary injunction for abuse of discretion based on an erroneous evaluation of the strength of the “inherently descriptive” marks at...more

McDermott Will & Emery

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

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The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

McDermott Will & Emery

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

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The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

Willcox & Savage

A Proposed Mark Must Have A Source Identifying Function: Trademark Denied For “Keep America Great!”

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In a non-precedential opinion; In re America in Harm’s Way; Serial No. 87976064, issued on November 30, 2023, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), decided the issue of...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

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2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Bradley Arant Boult Cummings LLP

Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

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The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

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In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an...more

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

MarkIt to Market® - October 2023: A Limit to Cancel Culture? Federal Circuit Finds Fraud in Connection with Section 15 Declaration...

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In 2021, the Trademark Trial and Appeal Board cancelled Great Concepts, LLC’s trademark registration for the mark DANTANNA’S for restaurant services under Section 14, after finding that counsel for the Registrant committed...more

Bradley Arant Boult Cummings LLP

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

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On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). As detailed in the...more

McDermott Will & Emery

Hairy Situation: Trademark Act Doesn’t Provide Consumer Standing

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The US Patent & Trademark Office Trademark Trial & Appeal Board found that a consumer did not have standing to oppose an application for registration because the consumer failed to establish a commercial interest and injury...more

Ladas & Parry LLP

Fourth Circuit Confirms That ‘Gruyere’ is Generic for Cheese

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The appellants, Interprofession du Gruyère and Syndicat Interprofessionnel du Gruyère, are two consortiums, Swiss and French, that regulate use of the term ‘gruyere’ to refer only to cheeses produced in the Gruyère district...more

Bradley Arant Boult Cummings LLP

How Lizzo Helped the USPTO Identify the Source of “100% THAT B---H”

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Recently, Melissa Jefferson, known professionally as Lizzo, took on the USPTO in a battle to establish trademark rights to a popular lyric from her 2017, Billboard-topping song Truth Hurts. The phrase, “100% That B—h”, which...more

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

MarkIt to Market® - February 2023: 2(c) or Not 2(c)?

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Late last week, the USPTO issued Examination Guide 1-23 which establishes guidelines for USPTO Examining Attorney compliance with Section 2(c) of the Lanham Act. The Guide provides a framework for examining certain types of...more

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

MarkIt to Market® - February 2023

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Thank you for reading the February 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Section 2(c) of the Lanham Act in relation to the Supreme Court's pending review of the TRUMP TOO SMALL...more

Fenwick & West LLP

The First Amendment Trumps Another Restriction on Trademark Registrations

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On February 24, 2022, the U.S. Court of Appeals for the Federal Circuit, in In Re: Elster, overturned the Trademark Trial and Appeal Board’s (TTAB) refusal to grant a trademark registration on the phrase “TRUMP TOO SMALL” for...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Refusal to Register Generic Top-Level Domain Trademarks

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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

Big Little Lies: Guidelines for Challenging Trademark Acquired Distinctiveness Claims

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For the second time, the US Court of Appeals for the Federal Circuit examined the standard for demonstrating fraud in a party’s claim of a trademark’s acquired distinctiveness for purposes of registration under Section 2(f)...more

McDermott Will & Emery

Use is ACTUALLY Measured by Benefit

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Addressing whether a service mark owner had established a protectable interest in his marks through actual or analogous use, the US Court of Appeals for the 10th Circuit reversed in part the district court’s grant of summary...more

Pillsbury Winthrop Shaw Pittman LLP

A Look At Trademark Law Changes In Congress' Spending Bill

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The federal trademark registration system in the U.S. is primarily premised on how a mark is used in commerce on or in connection with the provision of certain goods and services. Most U.S. trademark applicants must show the...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

ArentFox Schiff

The USPTO Put Its Foot Down on Registering Master Rancher

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Is a MASTER RANCHER also the RANCHMASTER? That is the question pondered by the TTAB in this ex parte appeal. The hardware store, True Value Company, despite owning numerous registrations for “MASTER-” formative marks, was...more

Fox Rothschild LLP

The Federal Circuit: Lexmark Governs Standing For Trademark Cancellation Proceedings

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On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the Federal Circuit concluded that...more

Manatt, Phelps & Phillips, LLP

Supreme Court: Generic Word Combined With ‘.com’ Held Trademark Eligible

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In U.S. Patent & Trademark Office v. Booking.com B.V., the Supreme Court held, in an 8-1 decision, that a generic word combined with the top-level domain “.com” can be a federally protectable trademark if it has secondary...more

International Lawyers Network

Generic.com — Registrable In Canada?

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The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal...more

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