A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at...more
In a non-precedential decision1 the Federal Circuit upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision affirming that the mark “Everybody vs Racism” is not registrable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
I. Introduction -
On January 5, 2022, the United States Patent & Trademark Office (the “USPTO”) published a Notice to the Federal Register detailing a new administrative process established by the Commissioner of...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
Is it here? Not yet. But virtual performances featuring such stars as Travis Scott and Ariana Grande and attracting over 27 million unique players and 78 million viewers, respectively, suggest that it might be coming sooner...more
11/2/2021
/ Advertising ,
Augmented Reality ,
Blockchain ,
Corporate Branding ,
E-Commerce ,
Facebook ,
NASCAR ,
Service Marks ,
Social Media ,
Trademarks ,
USPTO ,
Video Games ,
Virtual Reality
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
The USPTO has published the final rule in the Federal Register establishing fee increases for electronic filings related to Trademark applications and proceedings. The changes, which go into effect on January 2, 2021, are...more
In a consolidated appeal from the USPTO’s Patent Trial and Appeal Board, Apple, Inc. challenged the Patent Trial and Appeal Board’s (“Board”) determination that Voip-Pal.com, Inc.’s patents were not obvious over the prior...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
On June 15, 2020, the United States Patent and Trademark Office (“USPTO”) announced a new COVID-19 prioritized examination program for trademark and service mark applications relating to goods and services useful for...more
As the world is in the midst of the COVID-19 pandemic, intellectual property owners have expressed concern over the submission of documents to intellectual property offices and the effects the pandemic may have on pending...more
4/6/2020
/ Canadian Intellectual Property Office (CIPO) ,
CARES Act ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Intellectual Property Protection ,
Mexican Patent and Trademark Office (IMPI) ,
Patent Trial and Appeal Board ,
Patents ,
Relief Measures ,
Teleconferences ,
Time Extensions ,
Trademarks ,
UK Intellectual Property Office (UK IPO) ,
USPTO ,
Videoconference
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
On August 28, 2019, the United States Patent and Trademark Office (“USPTO”) announced proposed changes to increase fees for a number of trademark-related matters. The new fee schedule will go into effect in August 2020, if...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