News & Analysis as of

United States Patent and Trademark Office Advertising Trademark Registration

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Manatt, Phelps & Phillips, LLP

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

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

Kelley Drye & Warren LLP

A Trademark Dispute Plays Out Before the NAD

Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to...more

Fish & Richardson

Want to Fully Protect Your Brand? Don’t Forget the Coffee Mugs!

Fish & Richardson on

Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for....more

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

MarkIt to Market® - October 2023: A Great Trademark Portfolio Never Goes Out of “Style” – “Mastermind” Brand Protection Strategies...

October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more

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

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

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

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

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

MarkIt to Market® - June 2023: How to Lose a Mark in 3 Ways – Part 1

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found...more

BakerHostetler

AD-ttorneys@law – March 2021 #1

BakerHostetler on

Sean Combs Opens New Front in War Against GBG Sean John - Accuses majority holder of using election-related trademarks to sell goods - Puffy Prologue - The lawsuit between Sean John Combs (AKA Puff Daddy, AKA P. Diddy, AKA...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 3 - Summer 2020

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Fox Rothschild LLP

Redskins Changing Team Name/Logo

Fox Rothschild LLP on

As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various...more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

Knobbe Martens on

A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more

Knobbe Martens

IN RE: SINY CORP.

Knobbe Martens on

Before Prost, Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may...more

Ladas & Parry LLP

What qualifies as acceptable Use in U.S. Commerce?

Ladas & Parry LLP on

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”. What...more

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

Opportunity May Not Knock Without the Right Door

When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more

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

Have Sense About Scents

In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more

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