News & Analysis as of

Trademark Trial and Appeal Board

USPTO Proposes Cheaper, Faster Cancellation Option

The U.S. Patent and Trademark Office register contains a lot of dead weight. In order to obtain a trademark registration and maintain the registration, the owner must use the mark in U.S. interstate commerce (as always, with...more

USA Warriors Ice Hockey Registration Refused – No Consent, No Coexistence

by Fox Rothschild LLP on

The Trademark Trial and Appeal Board refused to allow registration of a USA Warriors Ice Hockey Program mark for “arranging and conducting ice hockey programs for injured and disabled members and veterans”, finding the mark...more

How to Protect Your Trademark From Genericide

by Revision Legal on

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully. The US Court of...more

The Katten Kattwalk | Issue 12

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

MLB: A Monopoly on “Baseball”?

The weather is finally getting warmer up here in Minnesota and it’s a great time to watch baseball, as I’ve been doing frequently of late. It’s been fun watching my home team, the Twins, enjoy a strong start to the season...more

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

Protecting a Scent Makes Sense

by BakerHostetler on

Although seldom seen in applications or registrations, a scent that identifies the source of a good or service may be eligible for protection as a trademark. Registration of a scent mark carries many of the same requirements...more

Welcome to the (Courthouse) Hotel California

While it may be a lovely place, the Eagles are not too keen on a small hotel in Todos Santos, Mexico and its use of the name HOTEL CALIFORNIA. After opposing the hotel’s trademark application last January, the band earlier...more

Gavel to Gavel: New trademark rules streamline trial process |

by McAfee & Taft on

There’s good news for trademark owners who want to protect the value of their marks: Recent changes to the rules governing trademark opposition and cancellation proceedings have made those proceedings more efficient and...more

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

No Bull: Acquired Distinctiveness Is Not a Given

by BakerHostetler on

The Trademark Trial & Appeal Board recently issued a nonprecedential decision that serves as a good reminder that distinctiveness is not automatically acquired simply by long-standing use. Klickitat Valley Chianina, LLC,...more

Distillations: Madonna is Not Impressed

by Fish & Richardson on

Any business marketing a new consumer product wants to give their creation a snappy and memorable name, and craft brewers in particular seem especially fond of names with puns and pop culture references. But wittiness, alas,...more

Opportunity May Not Knock Without the Right Door

When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more

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

Distillations: A Rum Thing

by Fish & Richardson on

The first time this blogger wrote about the HAVANA CLUB trademark dispute, it was for the November/December issue of World Trademark Review in 2006. Even then, it was a long-running and complicated feud. I wrote at the...more

HAVANA CLUB: The Rum’s Back on Ice

Last year, I blogged about the decades-long dispute for the HAVANA CLUB trademark in the United States. Nearly ten months later, well, its spirit lives on....more

Distillations: A Place Where Everybody Knows Your Name

by Fish & Richardson on

Today’s upstart craft brewer/distiller/vintner might naturally want to name her new creation (whether the name of the company itself or a distinct product) after herself. The existence of brands such as GALLO, BUSCH,...more

TEQUILA Can Be Registered As a Certification Mark

On January 23, 2017, the TTAB dismissed Luxco, Inc.’s opposition to the registration of TEQUILA as a certification mark. Trademark applicant Consejo Regulador del Tequila, A.C. is a Mexican industry group and is the only...more

Use It or Lose It: USPTO to Conduct Post-Registration Trademark Use Audits

by Jones Day on

Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more

Warner Bros., Trademark Lawyers Target “Golden Ticket” Beer Brand

by Klein Moynihan Turco LLP on

This month, “Willy Wonka” filmmaker Warner Bros. Entertainment Inc. (“Warner Bros.”) formally opposed Georgia-based South Sky Brewing Company’s (“Southern Sky”) federal trademark application for its “Golden Ticket” branded...more

The Battle of the Kylies Over the “Kylie” Trademark

In one corner, you have the 19-year-old breakout star of the Kardashian/Jenner clan, Kylie Jenner, who is making a name for herself with her cosmetics and fashion empire. In the other corner, you have the 48-year-old singer,...more

Distillations: A Toast to Champagne

by Fish & Richardson on

Welcome to the first in a series of Distillations blog posts on Fish Trademark & Copyright Thoughts. Distillations will discuss notable decisions and developments in trademark and advertising law as they relate to the beer,...more

Specimen Showing Display of a Trademark on a Door Insufficient to Show Use of a Service Mark

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC’s service mark based upon the failure of its specimen to demonstrate use in connection with the covered...more

TTAB Serves It Straight Up: TEQUILA Is Not Generic

by McDermott Will & Emery on

Addressing whether the word “tequila” can be registered in the United States as a certification mark, the Trademark Trial and Appeal Board (TTAB) answered in the affirmative, dismissing an opposition alleging that “tequila”...more

Just Like You and Me: Difficulties with Celebrity Trademark Applications

Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more

408 Results
|
View per page
Page: of 17
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!