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Trademarks › Ex Partes Reexamination

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 -
Womble Bond Dickinson

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

Womble Bond Dickinson on

As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more

McDermott Will & Emery

Common Sense: Nonparties Not Precluded by Ex Parte Reexamination Termination

McDermott Will & Emery on

In a precedential decision, the US Patent & Trademark Office (PTO) Trademark Trial & Appeal Board denied a motion for judgment based on either claim or issue preclusion, and in the alternative for a show cause order, in a...more

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

MarkIt to Market® - April 2023: “Reasonable Investigation” Practice Tips for Trademark Expungement and Reexamination Proceedings

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

As the 1.5 year anniversary of the Trademark Modernization Act’s implementation approaches in June, the United States Patent and Trademark Office now offers an array of helpful guidance on the requirements, format, and even...more

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

MarkIt to Market® - April 2023

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Thank you for reading the April 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss practice tips for the two new petition processes instituted by the Trademark Modernization Act and highlight...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McDermott Will & Emery

[Ongoing Program] Trademark Session: New Options for Trademark Enforcement in the US Under the Trademark Modernization Act - April...

McDermott Will & Emery on

We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During...more

Faegre Drinker Biddle & Reath LLP

Expungement and Reexamination: A Mid-Year Check-In

Faegre Drinker Biddle & Reath LLP on

This time last year, we introduced a series of blog posts in which we provided an overview of the new ex parte examination and expungement proceedings introduced by the Trademark Modernization Act (“TMA”) and pondered a...more

Ladas & Parry LLP

The Trademark Modernization Act: A Primer For Brand Owners

Ladas & Parry LLP on

On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades...more

Levenfeld Pearlstein, LLC

Modern Problems: Recent and Upcoming Changes to US Trademark Practices Could Impact Your Business

Levenfeld Pearlstein, LLC on

The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020. The TMA amended the federal trademark law (known as the Lanham Act) to provide new tools to address abuses of the US trademark...more

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

PTAB Strategies and Insights Newsletter - March 2022: USPTO Establishes Third Pro Bono Program for the Board

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

The USPTO is extending their pro bono efforts to allow those establishing a need to retain voluntary pro bono ex parte examination appeal counsel and eventually pro bono counsel for all proceedings conducted at the Board....more

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

PTAB Strategies and Insights Newsletter - March 2022

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

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Kilpatrick

[Webinar] Combatting Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond -...

Kilpatrick on

The Trademark Modernization Act, many aspects of which went into effect December 27, 2021, implemented numerous changes to United States trademark practice, including codification of letters of protest, changes to the...more

Fenwick & West LLP

Expungement and Reexamination and Shorter Trademark Office Action Response Periods, Oh My!

Fenwick & West LLP on

Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2022

Fenwick & West LLP on

In This Issue - Artificial Intelligence: Deepfakes in the Entertainment Industry — Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more

Orrick, Herrington & Sutcliffe LLP

New Proceedings under the Trademark Modernization Act of 2020: Expungement and Reexamination

Orrick, Herrington & Sutcliffe LLP on

As 2021 drew to a close, the United States Patent and Trademark Office (USPTO) introduced two new procedures pursuant to the Trademark Modernization Act of 2020 (the “Act”), providing new, streamlined avenues to seek...more

Fitch, Even, Tabin & Flannery LLP

Trademark Modernization Act Provides Cancellation of Unused Marks

Fitch, Even, Tabin & Flannery LLP on

The Trademark Modernization Act (TMA) came into force December 18, 2021. Key provisions of the TMA enlarge options for cancelling a trademark registration in whole or in part by targeting nonuse of the registered mark for...more

Sullivan & Worcester

The Trademark Modernization Act: New Procedures, New Deadlines and New Standards

Sullivan & Worcester on

On December 18, 2021, the U.S. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced...more

Kilpatrick

Changes to Federal Trademark Law and Their Effective Dates Under the Trademark Modernization Act and its Implementing Regulations

Kilpatrick on

I. Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021....more

Haug Partners LLP

Changes to USPTO Procedures from the Trademark Modernization Act of 2020

Haug Partners LLP on

On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the “TMA”). The United States Patent & Trademark Office (the “USPTO”) recently promulgated rules implementing the TMA, which, in large part, took...more

Jones Day

New Year, New Trademark Proceedings

Jones Day on

This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more

Shutts & Bowen LLP

Implementation of the Trademark Modernization Act (TMA): What Trademark Owners Need to Know

Shutts & Bowen LLP on

Rebuttable Presumption of Irreparable Harm - The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or...more

BakerHostetler

USPTO Implements Trademark Modernization Act

BakerHostetler on

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule, the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks –...more

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

MarkIt to Market® - December 2021: Thoroughly Modern! The Trademark Modernization Act Offers New Tools for Trademark Owners

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

Trademark owners and practitioners have some extra reasons to celebrate this year, as the majority of the Trademark Modernization Act went into effect on December 18, 2021. Among other benefits for trademark infringement...more

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

MarkIt to Market® - December 2021

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

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more

Morrison & Foerster LLP

Trademark Owners: What You Should Know About the USPTO’s Final Rules Implementing the TMA

Morrison & Foerster LLP on

The Trademark Modernization Act (TMA) was signed into law on December 27, 2020, and the United States Patent & Trademark Office (USPTO) recently announced its final rules for implementing the TMA, the majority of which will...more

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