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Trademarks › Examination Procedures

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 -
Fish & Richardson

TTAB Rules Consumer Perception Remains the Critical Inquiry for Generic.gTLD Marks

Fish & Richardson on

In June 2020, the U.S. Supreme Court rejected a rule that the combination of a generic term and a generic top-level domain (“gTLD”) is per se generic. See USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020) (“Booking.com”). In...more

AEON Law

Patent Poetry: USPTO Issues New Guide on Trademark Filing Scams

AEON Law on

On August 30, the United States Patent and Trademark Office (USPTO) issued new examination procedures for reviewing domicile addresses for trademark applicants. This step is intended to help combat widespread fraud (and...more

McDermott Will & Emery

PTO Lowers the Bar for Genericness Refusals

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate...more

Holland & Knight LLP

Trademark Office Continues Crack Down on Fraudulent Filers, Sanctions Issued

Holland & Knight LLP on

For many years, companies and individuals filing applications to register trademarks at the U.S. Patent and Trademark Office enjoyed a rather quick examination process. Examining attorneys at the Trademark Office reviewed...more

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

MarkIt to Market® - May 2020: Title of a Single Creative Work... or Something More?

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

In a recent precedential opinion, the U.S. Patent & Trademark Office Trademark Trial and Appeal Board (TTAB) tackled the often frustrating question of what it takes to acquire trademark rights in the title of a single...more

Burr & Forman

"Trading" on Your Personal Information: Preventing Fraud and Unsolicited Communications Under the New Trademark Requirements

Burr & Forman on

The United States Patent and Trademark Office (“USPTO”) released new examination requirements that went into effect on February 15, 2020. One of the new requirements is to include an email address for the mark’s owner in the...more

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

MarkIt to Market® - December 2019: Get in Sync: The Interplay Between Patent Language and Descriptive Word Marks

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

In a recent precedential decision, the Trademark Trial and Appeal Board affirmed that the mark SEQUENCING BY BINDING is merely descriptive of goods and services in Classes 1, 9, 10, and 42 related to biological analytes...more

Dorsey & Whitney LLP

Will TTAB’s First Precedential Decision of 2018 Lead to Better Quality Examination of Statements of Use?

Dorsey & Whitney LLP on

In January 2015, Pitney Bowes filed an intent-to-use trademark application for the logo shown here for use with mailing services, including postal delivery, parcel delivery, and delivery of mail to post offices for posting...more

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

You Are Suspended...Now What? Four Strategies for Dealing with Trademark Office Suspensions

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

It’s happened to the best of us -- the United States Patent and Trademark Office ("PTO") suspends action on an application based on a potential likelihood of confusion with a prior filed/pending application, essentially...more

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

MarkIt to MarketTM - May 2016

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

The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods. ...more

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