News & Analysis as of

Young Lawyers Trademark Registration United States Patent and Trademark Office

Fox Rothschild LLP

USPTO Debuts New Trademark Search System

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On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a...more

Hogan Lovells

USPTO warns attorneys to monitor trademark filings for fraudulent uses of attorney information

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The U.S. Patent and Trademark Office (“USPTO”) recently issued a “Trademark Alert” and corresponding news brief warning attorneys to monitor trademark filings to ensure that their names, signatures, and contact information...more

Cooley LLP

Alert: US Appeals Court Strikes Ban on Registering ‘Immoral’ or ‘Scandalous’ Trademarks

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In a much-anticipated and yet unsurprising outcome, the US Court of Appeals for the Federal Circuit on December 15 struck the law barring registration of "immoral" or "scandalous" trademarks as unconstitutional in violation...more

Foley Hoag LLP - Making Your Mark

10 Trademark Cases About Yo Mama

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

Foley Hoag LLP - Making Your Mark

Marijuanaville v. Margaritaville: Registering Trademarks For Chemically Induced Mental Paradises

Although marijuana is becoming legal to varying degrees in an increasing number of states, your chances of getting a marijuana trademark registered with the United States Patent and Trademark Office (PTO) are still grim. In...more

Dorsey & Whitney LLP

Phish Snared in Trademark Office’s Net Due to Phan Products

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Ask any fan of the American improvisatory rock band Phish to explain the significance of the following pattern and you will invariably receive the same answer:         It’s of course the pattern of drummer Jon...more

Foley Hoag LLP - Making Your Mark

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner...more

Cole Schotz

Smack Talk: Whole Foods’ Quest to be “World’s Healthiest”

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Whole Foods recently garnered attention when its trademark application for World’s Healthiest Grocery Store was rejected by the U.S. Patent and Trademark Office. The trademark examiner focused on the “World’s Healthiest”...more

Dorsey & Whitney LLP

What’s That Sound? It Might Just Be a Trademark.

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Trademarks are not only words or logos, but can come in many other forms, including sounds. In the words of the Trademark Trial and Appeal Board in the case In re Gen. Electric Broad. Co., 199 USPQ 560, 563 (TTAB 1978),...more

Dorsey & Whitney LLP

Federal Judge vs. TTAB – Trademark Battle over Bear Bryant’s Houndstooth Hat

Dorsey & Whitney LLP on

The case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. showcases an unusual clash between a federal judge and the Trademark Trial and Appeal Board...more

BakerHostetler

Serial: A Story Stopped Short by the USPTO

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Serial is an award-winning podcast narrated by journalist Sarah Koenig. It is a long-form story examining a criminal legal case. Season 1 focused on the 1999 murder of Hae Min Lee and the resulting conviction of her former...more

Dorsey & Whitney LLP

Seattle Seahawks’ Star Running Back Marshawn Lynch Scores a Federal Trademark Registration—Did The Examiner Misread The Playbook?

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Various media outlets were abuzz recently about how Marshawn Lynch received a federal trademark registration for “I’m Just Here So I Won’t Get Fined” for t-shirts and other apparel items. He uttered that phrase more than 20...more

Akerman LLP - Marks, Works & Secrets

TTAB Makes Double Brown Ale Open to Nut Sack Mark

In a ruling bound to please 15 year-old boys everywhere, the USPTO Trademark Trial and Appeal Board (“TTAB”) reversed the Examining Attorney’s refusal to register the trademark NUT SACK DOUBLE BROWN ALE (in standard character...more

BakerHostetler

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

BakerHostetler on

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

Stoel Rives LLP

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

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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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