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Trademarks United States Patent and Trademark Office

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 -

A History Of GOLDEN GATE Trademarks For Alcoholic Beverages

In celebration of the Intellectual Property Owners Association’s Annual Meeting, currently underway in San Francisco, we offer a brief tour through some GOLDEN GATE-themed trademarks. As a prominent feature of San...more

Booking it to the District Court

by Dorsey & Whitney LLP on

A recent decision out of the federal district court for the Eastern District of Virginia overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable on the basis that the...more

How Coexistence Agreements Work

by Revision Legal on

In trademark law, coexistence agreements are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations. For example, the two owners might agree that their respective goods or services...more

In-n-Out Sues Smashburger Over New Burger Names

by Dickinson Wright on

On August 28, 2017, In-n-Out filed a lawsuit against Smashburger for trademark infringement in the Central District of California. In-n-Out claims that Smashburger’s TRIPLE DOUBLE mark is too similar and infringes on its...more

PSL® Season Is Upon Us

Exult, lovers of autumn and decorative gourds – the air is crisp and the leaves are changing. And, in the treasured annual tradition, this week marked the release of Starbucks’ Pumpkin Spice Latte – or PSL® as they may prefer...more

Do I Need To Trademark Under State Law?

by Revision Legal on

Many are familiar with trademark registration under federal law. Some may not know that trademark registration is also available under state laws. In general, registering a trademark under state law is unnecessary, but there...more

Domain Name Can Be Trademarked, Federal Court Holds

A new trademark decision that protects a mark that many in the industry thought was a generic term has made the headlines. Online hotel reservation service Booking.com sought to trademark its name for providing travel...more

Are Offensive Trademark Registrations On The Rise?

by Fox Rothschild LLP on

In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there is reason to believe...more

The Washington Redskins Win Their Trademark Battle in Overtime

by Garvey Schubert Barer on

Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more

California Finally Rolling Out Its Own Cannabis Trademark Laws

by Weintraub Tobin on

California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the...more

Don’t be duped by the trademark solicitation

by McAfee & Taft on

The number of companies soliciting trademark renewals and other products or services from trademark registrants has skyrocketed. Why? Because the solicitations are effective in duping trademark owners into thinking the fees...more

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more

International Trademark Classes: What is the Nice Agreement?

by Revision Legal on

Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications and many different filing bases. Given...more

Whack-A-Mole Continues: Latest Attempts To Slap Down Trademark Scammers

by Fox Rothschild LLP on

Trademark professionals often warn our clients to be skeptical when they receive official seeming bills or notices offering pricey and unneeded trademark related services. These scams have been around for as long as I have...more

Three Point Shot - August 2017

by Proskauer Rose LLP on

Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

3:16 as a Trademark?

Over the weekend, IPBiz reported that WWE (World Wrestling Entertainment) has filed an application to register 3:16 as a trademark for clothing items. A Google search confirms that 3:16 has religious significance as it is...more

Summer's Here, Don't Get Burned!

In May of 2014, this newsletter discussed the prevalence of trademark and domain name scams, and offered tips on how to avoid being duped by fake service offerings (see "Scammers Still Be Scamming" here). Unfortunately,...more

Hutchinson Revisited Surname + Merely Descriptive Term May or May Not Be Registrable

In Earnhardt v. Kerry Earhhardt, Inc., [2016-1939] (July 27, 2017), the Federal Circuit vacated and remanded a TTAB decision dismissing Earnhardt’s opposition because it found that there was no likelihood of confusion between...more

Distillations: The Gin Game, Southern Style

by Fish & Richardson on

Federal trademark law bars the registration of marks that are merely descriptive of the goods – that is, if it simply describes an ingredient, quality, characteristic, function, feature, purpose or use of the claimed goods or...more

Fictional, but Protectable: Court Finds Planned Real-World “The Krusty Krab” Restaurant Would Violate Viacom’s Trademark Rights

by Orrick - IP Landscape on

Summary Judgment Order, Viacom International Inc. v. IJR Capital Investments, LLC, S.D. Tex. (January 11, 2017) (Judge Gray Miller) - The Emmy nominations have been announced, and the fall television season is just weeks...more

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part I

Looking forward to sharing the podium with Joel MacMull of the Archer firm (counsel for Simon Tam, where our friend Ron Coleman is a partner) to discuss “Trademark Registration and the First Amendment,” on September 28th at...more

It’s as Suggestive as a Butter Knife for Steak

We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed...more

Case Targets Deceptive Trademark Solicitations

by Morrison & Foerster LLP on

Applicants and registrants of trademarks are inundated with offers to perform potentially unnecessary services. These solicitations often come in the form of invoices, with prominent and false “due dates.” Other times, they...more

Third Circuit Rules “McCarthy Test” Determines Ownership of Unregistered Trademarks

The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should...more

The First Amendment Protects The Trademark Registrability Of THE SLANTS And THE WASHINGTON REDSKINS Irrespective Of Political...

by Weintraub Tobin on

In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark, which...more

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