News & Analysis as of

United States Patent and Trademark Office Trademarks Brand

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 -
Knobbe Martens

Of Broccolini and Branding: Don't Let Your Trademark Wilt

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Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

Pillsbury - Propel

Trademark Fundamentals: Materials Ineligible for Trademark Protection

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Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. law. As a startup founder, it’s crucial to understand what cannot be registered as a...more

Pillsbury - Propel

Trademark Fundamentals: Distinctiveness

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In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed...more

Pillsbury - Propel

Trademark Fundamentals: What Is a Specimen of Use?

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As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this...more

Dunlap Bennett & Ludwig PLLC

Registered Vs. Unregistered Trademarks: What Businesses Need To Know

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Dorsey & Whitney LLP

The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean,...

Dorsey & Whitney LLP on

The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more

Whiteford

Understanding the Basics: What are Trademarks and Service Marks?

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In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

Kohrman Jackson & Krantz LLP

Battling Brands: The Fight For Trademark Territory

In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart...more

Vinson & Elkins LLP

Trademarks as Assets: Protection in the United States

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Trademarks serve as the cornerstone of brand identity, distinguishing the goods and services of one enterprise from those of another. Trademarks are not just legal tools: they are critical assets. They encapsulate the...more

BakerHostetler

Can Your Trademark Be False Advertising?

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At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more

Dunlap Bennett & Ludwig PLLC

Amazon’s Brand Registry: What You Need To Know

In its 2023 Brand Protection Report, Amazon reveals its efforts to eliminate counterfeit products. Bolstered by more than $1.2 billion in investment and 15,000 personnel, from machine learning scientists to specialized...more

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

MarkIt to Market® - March 2024: True Fans Keep It Real: Behind the IPR Center's Operation Team Player Public Awareness Campaign

While many brand owners are generally aware of and work with U.S. Customs and Border Protection (CBP) to record trademark and copyright registrations and help with seizures, fewer may understand the role of the National...more

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

MarkIt to Market® - March 2024

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB...more

Partridge Snow & Hahn LLP

Protect Your Brand: 8 Advantages of Trademark Registration

Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark...more

Faegre Drinker Biddle & Reath LLP

New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse

Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each...more

McGlinchey Stafford

2024 Cannabis Trademarks and Branding

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Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more

Seyfarth Shaw LLP

4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

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Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”).  Republic amended its goods twice during prosecution of the...more

Foley Hoag LLP - Making Your Mark

Five Trademark Questions to Ask in the New Year

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you! Here are a few productive questions to ask: 1. Do your registrations cover your reality? ...more

Fox Rothschild LLP

USPTO Debuts New Trademark Search System

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On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a...more

Sheppard Mullin Richter & Hampton LLP

Guarding the Name of the Game: The Role of Lawyers in Safeguarding Athlete Trademarks

In recent years, the surge in athlete trademarks has marked a strategic shift in how sports personalities approach their personal brands. Having recognized their inherent commercial value, athletes today are viewed as...more

Dunlap Bennett & Ludwig PLLC

Travis Kelce’s Trademarks Era: A Celebrity Marks Spotlight

Think about some of your favorite brands, and how each is recognized. Everyone knows what a WHOPPER is and who sells it. A very particular shade of blue has been associated with TIFFANY because of the boxes the jewelry is...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

BakerHostetler

Surname Refusals - Rarity Alone Will Not Defeat a Refusal To Register

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A mark that is “primarily merely a surname” cannot be registered on the Principal Register per Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4). Even though a surname may be rare, in In re Weale Care, LLC, Serial...more

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