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Trademark Board Confirms That Applications Must Assert Lawful Basis at Time of Filing Application

In a recent decision, the Trademark Trial and Appeal Board (TTAB or Board) considered whether an application based upon an “intent to use” a mark in commerce may be predicated on proposed use with currently unlawful goods...more

Fixated on “Affixation”: Navigating the US’s Tricky “Use” Requirement

Unlike most of the world, the United States Patent and Trademark Office (USPTO) requires trademark owners to demonstrate actual evidence of use of their marks in order to register and/or maintain their trademark rights.  For...more

Vetting a New Trademark: How Upfront Trademark Diligence Can Minimize Future Headaches

Before adopting a new trademark or filing an application for federal trademark registration, it is wise to conduct clearance searching. There are various purposes behind clearance. These include 1) dispute avoidance; 2)...more

Trademark Misperceptions Revealed By Reaction to Redskins Decision

I can’t define disparagement, but I know it when I see it… On Wednesday, June 18, 2014 the Trademark Trial and Appeal Board, the judicial body that provides review to all Federal trademark filings and disputes relating...more

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