In a non-precedential decision1 the Federal Circuit upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision affirming that the mark “Everybody vs Racism” is not registrable as it fails to function as a trademark. As...more
In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the burden of showing non-use of such marks on...more
In a precedential decision, the Federal Circuit contemplated whether a trademark applicant can establish priority for every good and service in its application by showing priority through tacking for only one of those listed...more
On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the “TMA”). The United States Patent & Trademark Office (the “USPTO”) recently promulgated rules implementing the TMA, which, in large part, took...more
On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark...more
In a January 8, 2021 decision affirming the United States Patent and Trademark Office Trademark Trial and Appeal Board’s (the “Board’s”) dismissal of appellant QuikTrip West, Inc.’s (“QuikTrip’s”) opposition to Weigel Stores,...more
On June 30th, the U.S. Supreme Court affirmed the Fourth Circuit’s decision in an 8-1 decision, rejecting the U.S. Patent and Trademark Office’s (PTO) contention that the term “Booking.com” is generic and thus ineligible for...more
7/2/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
In some jurisdictions, the local trademark offices will require an owner to record trademark licenses used by entities other than the registered owner. ...more
This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more
3/5/2020
/ Amended Rules ,
Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Corporate Branding ,
Decriminalization of Marijuana ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Exports ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Trademark ,
Hemp ,
Hemp Cultivation ,
Imports ,
Intellectual Property Protection ,
Marijuana ,
Marketing ,
Medical Marijuana ,
Member State ,
Mexico ,
Multinationals ,
Recreational Use ,
Trade Restrictions ,
Trademark Registration ,
Trademarks ,
Trademarks Act ,
United States ,
USDA ,
USPTO ,
Warning Labels
On February 15, 2020, a rule change went into effect requiring trademark Applicants and Registrants to list a working email address at the USPTO.
As originally written, the rule stated that the email address must be owned...more
Beginning on February 15, 2020, with very few exceptions, submissions before the US trademark office will be required to be filed digitally.
Also included in the rule changes and among the most significant change,...more
2/11/2020
/ Amended Rules ,
China ,
Electronic Filing ,
Filing Requirements ,
Foreign Trademark ,
New Guidance ,
Trademark Application ,
Trademark Registration ,
Trademark Specimen ,
Trademarks ,
USPTO