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

The Federal Trademark Statute Assumes Hillary Can’t Win

Today’s example of unintentional sexism comes to us from Section 2(c) of the Lanham Act. On its face, the language of the statute assumes that someone other than Hillary will win the 2016 presidential election – and it won’t...more

#Trademarks?: Hashtags as Trademarks Revisited

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Trademark Red Tape: Post-Registration Proof Pilot To Go Permanent

USPTO Red TapeRegular readers of the Trademark and Copyright Law Blog and our Trademark Red Tape™ column may recall our previous report on a pilot study by the United States Patent & Trademark Office (PTO) about...more

When One Specimen Per Class May No Longer Be Enough

For use-based trademark applications filed under §1(a) of the Trademark Act, 15 U.S.C. §1051(a), applicants must submit the application along with one specimen per Class showing use of the mark for the covered goods and...more

MarkIt to MarketTM - June 2016

The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes...more

Federal Circuit Rules that MAYA Trademark for Wine is “Sufficiently Dissimilar” from MAYARI Wine

On appeal from the U.S Trademark Trial and Appeal Board (the “Board”), the Federal Circuit ruled on June 24th that consumers are not likely to confuse the trademarks MAYA and MAYARI with respect to wine. Georgallis Holdings,...more

Five IP Lessons for Small to Medium–sized Businesses

Intellectual property plays an increasingly significant role in the successful management of American and international businesses alike.  I’ve set out below a few of the most important questions that you as a small to...more

USPTO Seeking Comment on Proposed Rulemaking for Trademark Registration Maintenance

On June 22, 2016, the USPTO issued a notice of proposed rulemaking in the Federal Register seeking comment on “Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark...more

Look-For Advertising Sans the Clunky Words

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as...more

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Drumpf or Trump: The Name Confirmed

Comedian John Oliver’s antics rarely stop with his HBO show, “Last Week Tonight.” After discovering Donald Trump’s ancestral name, Drumpf, John Oliver dedicated an entire segment to disassociating Donald Trump from his TRUMP...more

HAVANA CLUB: Where’s the Rum Gone?

You’d probably assume no TTAB proceedings originated in 1995 remain active, but the HAVANA CLUB dispute has some serious staying power. As U.S.-Cuba relations unthaw, one particular trademark battle is also returning to...more

Trademark Red Tape: Incoming Fee Increases And Sweeping TTAB Rule Changes

Disparaging Marks Still Held in Abeyance. As an update to our last Trademark Red Tape, the USPTO, which has now filed a petition for a writ of certiorari to the Supreme Court in In re Tam with respect to the...more

Spotlight on the Highlights -- Clarifications and Changes in the April 2016 TMEP

On April 30, 2016, the USPTO issued the April 2016 Trademark Manual of Examining Procedure ("TMEP"), the latest update to the go-to resource for how to prosecute applications to register trademarks with the USPTO. This...more

MarkIt to MarketTM - May 2016

The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise...more

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

The Hashtag / Trademark Paradox: #Trending, but #Proprietary?

As the hustle and bustle of the INTA 2016 Annual Meeting drew to a close yesterday, I reflected on the session “#HASHTAGS #EverythingYouNeedToKnow” from Tuesday. It seems trademark protection may not (yet) fit comfortably...more

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Intellectual Property Bulletin - Spring 2016

Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

Generic Churrascos at the Federal Circuit

The Federal Circuit recently provided additional guidance concerning whether an applied-for mark is generic in In re Cordua Restaurants, Inc., (May 13, 2016). This case stemmed from the United States Patent and Trademark...more

USPTO Drops 11th Circuit Appeal of ND Alabama Order In Houndstooth Case

We previously blogged on Judge Proctor’s (ND Ala.) order directing the United States Patent and Trademark Office (the “Board”) to comply with the Court’s prior order, approving a settlement agreement between the University of...more

A Missed Step in Branding Fitness Trackers?

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound....more

CD to LD to DVD -- How to Keep Up with your IDs

When deciding how to describe goods and services in a trademark application, applicants often err on one side of two extremes: 1. they either describe their goods/services very specifically, which may help circumvent...more

In re Tam Redux Redux: Redskins Petition for Certiorari, Trying to Skip 4th Cir.

In response to the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari in to the U.S. Supreme Court In re Tam (“THE SLANTS” case), the owners of the Washington Redskins filed their own...more

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