News & Analysis as of

United States Patent and Trademark Office Trademarks

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 -

USPTO To Hold Roundtable on Fraudulent Trademark Solicitations

The USPTO has announced that on July 26, 2017, the Trademark Organization and the Trademark Public Advisory Committee plan to hold a roundtable discussion on fraudulent trademark solicitations. Fraudulent trademark...more

10 Trademark Cases About Yo Mama

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

Is This “The End” for Unicorn Beverages? Starbucks Sued Over Unicorn Frappuccino

by Fish & Richardson on

On May 3, 2017, a New York-based coffee and beverage shop by the name of The End Brooklyn filed suit in the Eastern District of New York against Starbucks Corporation asserting that the recent phenom UNICORN FRAPPUCCINO...more

International Trademark Filing Made Easy With the Madrid Protocol

by Revision Legal on

U.S. companies that conduct business abroad or that are interested in expanding into international markets should seriously consider the benefits of filing for international trademark protection on the valuable trademarks...more

Clarity on Manufacturer – Distributor Trademark Ownership in Third Circuit

On April 18, 2017, the Third Circuit issued an opinion in Covertech Fabricating, Inc. v. TVM Building Products, Inc., clarifying the test for determining trademark ownership between a manufacturer and distributor, where no...more

Gavel to Gavel: New trademark rules streamline trial process |

by McAfee & Taft on

There’s good news for trademark owners who want to protect the value of their marks: Recent changes to the rules governing trademark opposition and cancellation proceedings have made those proceedings more efficient and...more

Why Start-Ups Should Consider Trademark Registration (and what is the difference between TM and ®)

by Bryan Cave on

Trademarks identify the source of goods and services, and distinguish them from those manufactured, sold or offered by others. Trademarks represent quality assurance and the goodwill of a business....more

Who Owns That Trademark - The Manufacturer or the Exclusive Distributor?

by Dorsey & Whitney LLP on

The Court of Appeals for the Third Circuit, with a ringing endorsement of Prof. McCarthy’s trademark law treatise, issued a precedential opinion last week on the issue of whether a trademark is owned by the manufacturer or...more

Here’s to Calling the Kettle, Brand Too?

The teapot read my post from last week and is not only calling the kettle black, but brand too...more

Smelly Trademarks: Requirements for Registering Nontraditional Marks

by SmithAmundsen LLC on

On February 14, 2017, Hasbro filed a U.S. trademark application for its “non-visual Play-Doh scent” trademark for use with toy modeling compounds (U.S. Application Serial Number 87/335,817). Hasbro describes its signature...more

Proof of Life: USPTO Ushers in New Audit Power for Proof-of-Use

by BakerHostetler on

Effective earlier this year, recently amended 37 C.F.R. §§ 2.161(h) and 7.37(h) empower the USPTO to require a registrant to submit additional documentation as “reasonably necessary” to prove use of the mark in connection...more

TICK DIFFERENT – But Apparently Not All That Different?

The irony of trademark clearance – even if a trademark espouses a unique message, it may not be all that unique. Swiss watchmaker Swatch AG finds itself embroiled in another trademark dispute with Apple, Inc. – this...more

Distillations: Madonna is Not Impressed

by Fish & Richardson on

Any business marketing a new consumer product wants to give their creation a snappy and memorable name, and craft brewers in particular seem especially fond of names with puns and pop culture references. But wittiness, alas,...more

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

High Hopes Dashed -- Challenges in Protecting Trademarks for Marijuana-Related Products and Services

by Partridge Snow & Hahn LLP on

BluHawaii. Purple Kush. Willie’s Reserve. Kiva. California Finest. Altai. Are these the names of new beverages? To the contrary, these are some brand names for competing strains of marijuana. Legalized marijuana sales in...more

Marijuanaville v. Margaritaville: Registering Trademarks For Chemically Induced Mental Paradises

Although marijuana is becoming legal to varying degrees in an increasing number of states, your chances of getting a marijuana trademark registered with the United States Patent and Trademark Office (PTO) are still grim. In...more

Distillations: A Rum Thing

by Fish & Richardson on

The first time this blogger wrote about the HAVANA CLUB trademark dispute, it was for the November/December issue of World Trademark Review in 2006. Even then, it was a long-running and complicated feud. I wrote at the...more

USPTO Tightens Requirements for Commercial Use of Trademarks

by Carlton Fields on

On March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials and documentation when they renew their...more

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more

Use It or Lose It: USPTO to Conduct Post-Registration Trademark Use Audits

by Jones Day on

Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more

Warner Bros., Trademark Lawyers Target “Golden Ticket” Beer Brand

by Klein Moynihan Turco LLP on

This month, “Willy Wonka” filmmaker Warner Bros. Entertainment Inc. (“Warner Bros.”) formally opposed Georgia-based South Sky Brewing Company’s (“Southern Sky”) federal trademark application for its “Golden Ticket” branded...more

Specimen Showing Display of a Trademark on a Door Insufficient to Show Use of a Service Mark

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC’s service mark based upon the failure of its specimen to demonstrate use in connection with the covered...more

USPTO launches new proof of use audit program

by Thompson Coburn LLP on

The United States Patent and Trademark Office (USPTO) has launched a new program that will require some trademark owners to submit more “specimens” (i.e., proof of use) and information than was required in the past. As a...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Alert: Trademark Owners Beware: The U.S. Trademark Office Has A New Audit Program

by Pullman & Comley, LLC on

If your company has trademarks that are registered with the U.S. Patent and Trademark Office (PTO), a new audit program can put your registrations at risk if you are not careful....more

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