News & Analysis as of

Trademark Office

What Does The “In” in “Incontestable” Mean?

by Fish & Richardson on

After the fifth year of issuance of a U.S. trademark registration, the registration is eligible for “incontestable” status if the owner files a declaration with the U.S. Trademark Office confirming that (1) the mark has been...more

Is Discovery That Section 8 Affidavits Were Not Filed By The Owner Of The Registration Grounds For Cancellation? N.D.Cal Rules...

CASE SUMMARY - Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark has been in continuous use, the owner may also file an...more

What Trademark Owners Need to Know About the New Trademark Rules

Owners of U.S. trademark registrations need to know about a few recent rule changes and be mindful of the changes and U.S. Patent and Trademark Office requirements whenever a declaration of use is due....more

Update: Implementation of USPTO Rule Change on Audits of Maintenance Declarations Effective March 21, 2017

by Fish & Richardson on

As we discussed in our blog post earlier this month, U.S. Trademark Office Sharpens Machete for Pruning Deadwood, the USPTO is implementing a new practice of randomly auditing maintenance declarations to request additional...more

U.S. Trademark Office Sharpens Machete for Pruning Deadwood

by Fish & Richardson on

Effective February 17, 2017, examiners at the U.S. Trademark Office may require trademark owners to submit more than one specimen of use per class of goods/services when registering a mark or maintaining a registration. The...more

Don't "Be Like Mike": The Importance of Registering Your Trademark in China

by Miller & Martin PLLC on

For companies that manufacture or sell their products in China, it is critical to register your trademarks with the Chinese trademark office as soon as practical. Unlike the United States, China is a first-to-file...more

U.S. Supreme Court to Hear Arguments on January 18, 2017 in “The Slants” Case.

As we reported to you last September, the U.S. Supreme Court agreed to hear the case involving the constitutionality of the provisions of the Lanham Act upon which the U.S. Trademark Office relied to deny registration of the...more

U.S. Supreme Court Denies Redskins’ Petition to Join SLANTS Case

Further to our post last Friday on the SLANTS trademark case, the U.S. Supreme Court today, without comment, refused the Redskins’ Petition to join the SLANTS case challenging the U.S. Trademark Office’s ban on “offensive”...more

Can You Identify Your Trade Dress?

by Foley & Lardner LLP on

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

Cannabis Trademark Strategy in Jeopardy

by Lane Powell PC on

The Trademark Trial and Appeal Board of the U.S. Trademark Office (TTAB) just rejected a popular strategy for protecting cannabis-related marks at the federal level. Many forward-thinking cannabis businesses have applied to...more

(Trade)Marking Your Territory in the US: A Guide for Non-US Companies

by Mintz Levin on

Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark...more

Jagla Moderates INTA/OHIM Examiner Training Highlighting Business in Regulated Industries and the Regulatory Impact on Trademarks

A diverse panel of International Trademark Association (INTA) members met with Office of Harmonization for the Internal Market (OHIM) officials, OHIM examiners and representatives from the national offices in Alicante, Spain,...more

Branding your bud: Why trademarks are tricky for marijuana businesses

by Thompson Coburn LLP on

Brand loyalty builds businesses. That’s why most businesses need successful brands, and, ideally, brands backed by a federal trademark registration. But because of the federal laws affecting marijuana and related products,...more

This Little Piggy Went to the Trademark Office…

When was the last time you thought about pigs? What do you think when you hear the word “pigs?” Or an OINK OINK noise? Or what about the angelic and oh-so-American, “SOOOOOOOOOEEEEEEEEYY!”?...more

Is This Really a Job for the Trademark Office?

by Dickinson Wright on

Legal proceedings involving mass murders and lurid sexual escapades get lots of media attention. Trademark cases? Not so much....more

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

PRC Trademark Law Amendment: The Practical Implications on Your Brand in the PRC

by DLA Piper on

WHEN WILL THINGS CHANGE - After four years and a number of revised drafts, the eagerly anticipated amendment to the existing PRC Trademark Law was finally passed on August 30, 2013 and will come into force on May 1,...more

Not All Trademarks Are Created Equal

by Jaburg Wilk on

When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name,...more

China’s National People’s Congress Amends The Chinese Trademark Law

by Perkins Coie on

China’s National People’s Congress enacted the third amendment to the trademark law on August 30, 2013, and it will come into force on May 1, 2014. The amended trademark law appears to be a significant improvement on the...more

Infomercials: So was HAIR BLENDER taken?

One of the best things about television is terrible (or terribly hilarious) infomercials showcasing American ingenuity. Behold, one of the latest …The Air Curler®....more

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