Susan Neuberger Weller

Susan Neuberger Weller

Mintz Levin

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Use It or Lose It: When Can a Trademark Registered Under Section 44(e) or 66(a) Be Deemed “Abandoned” in the US?

Unlike most countries, US trademark law generally requires that a mark be in use before it can be protected. The US recognizes common law rights in unregistered marks if they have been adopted in good faith and are in actual...more

2/4/2015 - Abandonment Commercial Use Intent-to-Use Popular Registration Trademarks USPTO

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

1/14/2015 - Appeals DOJ Federal Rules of Civil Procedure Fifth Amendment Football Lanham Act Native American Issues Notice of Intent Redskins Takings Trademark Trial and Appeal Board Trademarks USPTO

The US Trademark Office Rings in the New Year with Some Reduced Fees!

It is not only the price of oil and gas that is dropping! The US Trademark Office has reduced the filing fees for new trademark applications and for registration renewal applications. The previous filing fee for each class in...more

1/8/2015 - Electronic Filing Filing Fees USPTO

Counterfeit Certification Marks: How to Certify that the “Certified” is Certified

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes, HARRIS TWEED, and many,...more

5/19/2014 - Canada Certifications Counterfeiting ICE IPR Labeling Manufacturers USPTO

How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at...more

11/6/2013 - Intent Intent-to-Use Trademark Office Trademarks USPTO

Oops! Assignment Of Intent-To-Use Trademark Applications: Easy But Not Simple

The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications. In a recently issued precedential opinion, the Trademark Trial and Appeal Board has held, once again, that Section...more

8/23/2013 - Intent-to-Use Patent Applications Trademark Act Trademarks USPTO

Hells Angels and Toys “R” Us Settle “Death Head” Trademark Litigation

When I think of the Hells Angels, what immediately comes to mind is a notorious gang of men in leather on Harley-Davidson motorcycles, the 1960’s counterculture, and news reports of illicit activity. When I think of Toys “R”...more

7/12/2013 - Harley-Davidson Hells Angels Logos Toys R Us Trademark Litigation Trademark Policing Trademarks USPTO

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