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Important Changes in USPTO Trademark Practices to Take Effect on Dec. 3, 2022

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond...more

Circuit Courts Continue To Limit Preclusive Effect of TTAB Decisions

On Sept. 17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 2015, the Supreme Court, in B&B Hardware,[1]...more

USPTO Provides Guidance in View of ‘Booking.com’

On June 30, 2020, the Supreme Court of the United States decided USPTO v. Booking.com B.V., rejecting a rule that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is...more

A Finding of Willfulness Is Not Required for an Award of Profits in a Trademark Infringement Case

The Supreme Court has definitively answered the question of whether a plaintiff in a trademark infringement suit is required to show, as a precondition to a profits award, that a defendant willfully infringed the plaintiff’s...more

Really? Someone Thinks I HEART COVID-19 Should Be Awarded a US Trademark Registration?

Aside from I HEART COVID-19 (stylized) being an offensive slogan given the hundreds of thousands of people affected throughout the world by the coronavirus pandemic, the U.S. trademark application for this slogan, filed by an...more

In re Tam: Still No Trademark Registration for The Slants

In the continuing saga of whether Section 2(a) of the Lanham Act is unconstitutional because it violates the First Amendment, the rock band The Slants will have to wait a little longer before it knows whether it can register...more

Coming Soon...the New .sucks gTLD - How Will it Affect You?

To All Brand Owners: The arrival of a new generic top-level domain (gTLD) will require you to once again evaluate your brand strategies and trademark portfolios, particularly as they relate to the Internet. The Internet...more

Unsolicited Offers for Trademark-Related Services in the United States

WARNING! If you have filed a trademark application in the U.S. Patent and Trademark Office (USPTO), it is likely that you will be the target of private companies who will try to confuse you into paying unnecessary fees....more

3/5/2015  /  Scams , Solicitation , Trademarks , USPTO
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