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Trademarks › Certification Marks

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Manatt, Phelps & Phillips, LLP

Remember My Origin: Federal Circuit Establishes Standard for Certification Mark Fame

Manatt, Phelps & Phillips, LLP on

Trademarks are used to identify and distinguish an individual’s or entity’s goods or services from those manufactured or sold by others and to indicate the source of such goods or services. In contrast, and with respect to...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

McDermott Will & Emery

Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

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The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more

Farella Braun + Martel LLP

Certification Marks and Fame

Farella Braun + Martel LLP on

Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more

McDermott Will & Emery

The Fondues and Don’ts of Certification Marks

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The US Court of Appeals for the Fourth Circuit affirmed a summary judgment grant in favor of the opposers of a certification mark application for the trademark GRUYERE to designate cheese that originates in the Gruyère region...more

Dunlap Bennett & Ludwig PLLC

What are the Types of Trademarks

Dunlap Bennett & Ludwig PLLC on

Most people think of a “trademark” as a word or a logo. But, what is a “trademark?” can be a surprisingly complicated question and by far supersedes most people’s imagination....more

Weintraub Tobin

Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

Weintraub Tobin on

INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., Twas all about exclusive right to control the use of Gruyere for cheeses in the US. This case began with a 2015 application by Interprofession du...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2020: Certification Marks: Better to Ask Permission than Forgiveness

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In a recent Federal Circuit ruling, ICCS USA Corp. v. United States, 2019-1561 (Fed. Cir. March 11, 2020), the Court affirmed a decision by the U.S. Court of International Trade with respect to misuse of a certification mark...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2020

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The March 2020 issue of Sterne Kessler's MarkIt to Market® newsletter provides practice pointers gleaned from a recent Federal Circuit ruling regarding certification marks and discusses the upcoming addition to the Hague...more

Smart & Biggar

What the amendments to the USMCA mean for Canadian IP law

Smart & Biggar on

On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referred to as the USMCA). The...more

Hogan Lovells

Benelux trademark law now in line with EU Trade Marks Directive

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Today, the amended Benelux-Convention on Intellectual Property (“BCIP”) will enter into force, bringing Benelux trademark law in line with the European Trade Marks Directive. We have summarized the most important changes...more

Hogan Lovells

German Trade Mark Modernization Act implementing the EU Trade Marks Directive: The highlights

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The amendment of the German Trade Mark Act by way of the Trade Mark Modernization Act (MaMoG) entered into force on 14 January 2019, implementing a range of obligatory and optional provisions of the EU Trade Mark Directive...more

Hogan Lovells

Germany: Introduction of Certification Marks

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On January 14, 2019 Germany’s Trademark Law Modernization Act (MaMoG) went into effect, amending the German Trademark Law (MarkenG) to implement European Union trademark directive 2015/2436 (MRL)....more

Hogan Lovells

Europe: Everything you always wanted to know about certification marks

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Certification marks are part of national trade mark law in a number of Member States and since the reform of European trade mark law, the EUTMR now covers them under articles 83 to 93. ...more

Foley Hoag LLP - Making Your Mark

Port in Porto, Portugal: Wine And Geographical Indications At PTMG

Foley Hoag LLP - Making Your Mark on

I am in Porto, Portugal for the spring conference of the Pharmaceutical Trade Marks Group, and I have enjoyed learning a bit about port wine – and the associated geographical indication – while I am here. Port, of course, is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

European Union Welcomes Certification Marks

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Companies that attest to the quality of products or services under a “certification mark” – a type of trademark used to show consumers that particular goods or services (or their providers) have met certain standards – are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2018

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January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more

Jones Day

European Union Trademark Reform—Further Changes Have Arrived

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The Situation: Alterations to the European Union’s trademark laws came into force on October 1, 2017. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Positive Developments – EUTM

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Trademark owners should take note of two new types of trademark protection available in the European Community as of October 1, 2017....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® | September 2017

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The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. ...more

Foley Hoag LLP - Making Your Mark

Trademark Office Issues Tequila Certification Mark Just In Time For National Tequila Day

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National Tequila Day is celebrated on Monday, July 24. Tequila is made with the distilled extract of the blue agave plant, which grows in and around the city of Tequila and other parts of the state of Jalisco, Mexico....more

Hogan Lovells

"Swiss" certification mark opposition - Hong Kong court finds actual use likely to confuse

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Hogan Lovells represented Federation of the Swiss Watch Industry FH (“Federation”) in a successful appeal against a decision of the Hong Kong Registrar of Trade Marks in an opposition involving the “Swiss” certification mark....more

McDermott Will & Emery

Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion

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Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed and remanded a district court grant of summary judgment for the defendants on...more

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