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 -
News & Analysis as of

US Patent and Trademark Office Considering Proposal to Allow Amendments to Trademark Identifications Due to Technological Changes

The US Patent and Trademark Office (USPTO) is currently considering a proposal to allow amendments to the identifications of goods/services in a trademark registration because of technological changes in how the...more

Protecting Your Trademark in the United States

Protection Mechanisms in the United States. After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more

Trademark Highlights from the IPO’s 2014 IP Record

The Intellectual Property Owners’ Association (IPO) recently released its 2014 IP Record, an annual report detailing global intellectual property trends. Now in its seventh year, the report draws from a range of sources,...more

A Powerful New Trademark for Apple?

All eyes were on Apple on Tuesday, September 9th as Apple unveiled a new line of products. The new line includes the iPhone 6 as well as the long awaited, expected, and rumored Apple watch (which, after years of speculation,...more

Will Chick-fil-A, uh Chicken Out?

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page...more

Trademark Review - CloudTV, StonShield, and Harry Winston (August 2014)

A Family Feud Over the Family Name - Harry Winston Inc. has prevailed in its opposition to registration of BRUCE WINSTON, the name of Harry Winston’s son. Harry Winston is one of the most well-known names in...more

TTAB’s Washington Redskins Decision: the Enforceability and Commercial Impact of Cancelled Trademarks

The cancellation of a U.S. trademark registration on any grounds, including disparagement, does not always mean the end of enforceable rights in the mark. However, cancellation may create both legal and financial...more

I’m Gumby Dammit — A Flexible Trademark?

The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby....more

Redskins Ruling is Consistent with TTAB Precedent

In Blackhorse v. Pro-Football Inc., the U.S. Patent and Trademark Office once again canceled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans. While...more

PTO’s Decision to Cancel Football Team’s “Redskins” Marks May Provide Only a Symbolic Victory

On June 18, 2014, the U.S. Patent and Trademark Office’s (PTO) administrative board held for the second time that six federal trademark registrations owned by the Washington Redskins franchise must be canceled on the grounds...more

Summary Of The U.S. Trademark Application Process

Obtaining a trademark registration in the United States is a process consisting of several phases and takes several months to several years, depending on various factors and issues raised. We highlight below the various...more

SHARKNADO Trademark: Toothless Wonder?

In case you missed SHARKNADO last year, fear not, the sequel SHARKNADO 2 — The Second One, is taking the country by storm, and it is reportedly even better than the first SHARKNADO film. Not having seen either, I’m not sure...more

The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent...more

A Window into the Future for Apple’s Trade Dress?

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more

Dethroning a Right to Register a Trademark?

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark...more

Description of a Trademark with the USPTO

Continuing our discussion — from yesterday and the day before – about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos...more

Pepsi Gets Grip on MLB All-Star Extravaganza

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star...more

Do Municipal Seals Enjoy Any Trademark Protection? Recent Cases Take Differing Views

Late last year, in a matter of first impression, the Federal Circuit affirmed the Trademark Trial and Appeal Board and held that the city of Houston could not register its official municipal seal with the United States Patent...more

Knowing When and Why to Maintain Your Trademarks

Just like a vehicle, your trademark requires regular maintenance. To maintain a trademark, the owner must complete and submit certain filings and fees with the United States Patent and Trademark Office (USPTO) at specified...more

Markit to Market - June 2014

In This Issue: - FDA Draft Guidance: Best Practices for Developing Drug Trademarks - U.S. Patent and Trademark Office Proposes Fee Reductions - gTLD Sunrise Periods Now Open - Excerpt from U.S. Patent and...more

Fees for Recording IP Security Agreements with the USPTO and USCO

In financing transactions, such as loans or securitizations, lenders will typically take a security interest in the borrower's assets pledged as collateral, including any United States intellectual property ("US IP") assets,...more

IP Solicitation Scams on the Rise

In recent months, an increasing number of companies have reported receiving official-looking intellectual property notices and solicitations. These fraudulent solicitations may take the form of invoices, renewal notices, or...more

Beyond Disparaging: Five Important Clarifications Regarding Redskins Trademark Decision

Over the past year, debate regarding whether the National Football League’s Washington, D.C. franchise should continue to call itself the Redskins has risen to a fever pitch once again. So, naturally, it was big news when, on...more

Brewing Brewery Brawl: Busch Not Happy with NATTY

You know that beer that you would drink in a basement, but now that you acknowledge that you are actually an adult, you would not be caught dead buying in a liquor store or requesting at a bar or restaurant? We’ve all got...more

A Rose By Any Other Name…

It is rare that items from the United States Patent and Trademark Office are “breaking news” or even make general news headlines. But it happened Wednesday (6/18/14) with the announcement that the Trademark Trial and Appeal...more

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