News & Analysis as of

Trademarks › Precedential Opinion

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 -
WilmerHale

PTAB/USPTO Update - September 2024

WilmerHale on

Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community....more

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

BakerHostetler

In re Post Foods, LLC: TTAB Denies Color Mark for Post’s Fruity Pebbles

BakerHostetler on

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a...more

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

MarkIt to Market® - March 2024: Piling Up Successes by Avoiding Descriptive Dangers

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

Joining a series of precedential decisions about descriptiveness, the Trademark Trial and Appeal Board recently affirmed a refusal to register Sheet Pile, LLC’s (“Applicant”) mark ZPILE on the Principal Register, on the...more

Buckingham, Doolittle & Burroughs, LLC

If a Good is not a Good, then a Trademark is not a Trademark

Buckingham, Doolittle & Burroughs, LLC on

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

McDermott Will & Emery

Press # For Options, but Not for a Trademark Registration

McDermott Will & Emery on

In a precedential opinion addressing the most fundamental requirement for trademark protection, the Trademark Trial & Appeal Board (Board) affirmed the US Patent & Trademark Office’s (PTO) refusal to register a “#” based mark...more

Saiber LLC

Third Circuit Vacates Trademark Infringement Award, Clarifying Standards to be Applied by Trial Courts

Saiber LLC on

In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more

Husch Blackwell LLP

The Trademark Trial And Appeal Board Rules U.S. Cheesemakers Can “Say, Gruyere!”

Husch Blackwell LLP on

A recent decision of the Trademark Trial and Appeal Board (“TTAB”) highlights the overlap between trademark law and food regulatory law as well as the United States’ and Europe’s different approaches to Geographic Indications...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

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

MarkIt to Market® - May 2020: One of These Things is Not Like the Other: Limiting Disclaimers Within Classes of Services

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

In a precedential decision earlier this month, the TTAB found that a disclaimer of a term is required as to all services in a Class if it is descriptive as to any services in that Class. This decision appears to contravene...more

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

MarkIt to Market® - May 2020

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

The May 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses two recent precedential TTAB decisions – one regarding disclaimer scope and the other exploring how to successfully claim trademark rights in the...more

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

MarkIt to Market® - April 2020: Color Marks for Product Packaging CAN Be Inherently Distinctive - What This Means for Your Brand...

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

Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...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

McDermott Will & Emery

Federal Circuit Withdraws Ruling on Trademark Preclusion of ITC Determinations

McDermott Will & Emery on

In response to a petition for rehearing by the intervenors, the US Court of Appeals for the Federal Circuit vacated part of an earlier precedential decision noting the lack of preclusive effect of trademark decisions by the...more

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

MarkIt® to Market - April 2019: What’s The Point (Of Sale Display)?

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

On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more

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

MarkIt to Market® - August 2018: #NOPOWER? will.i.am's Hashtag Problems

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

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (“Board”) confirmed that a hashtag symbol (#) generally adds little or no source-indicating distinctiveness to a trademark. In this case, rapper...more

16 Results
 / 
View per page
Page: of 1

"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 Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide