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Trademark Board Confirms That Applications Must Assert Lawful Basis at Time of Filing Application

In a recent decision, the Trademark Trial and Appeal Board (TTAB or Board) considered whether an application based upon an “intent to use” a mark in commerce may be predicated on proposed use with currently unlawful goods...more

Spilling the Tea on Lawful Use According to the Trademark Office

Does a trademark applicant’s belief that the cannabis goods specified in its trademark application will become federally lawful in the future provide a sufficient basis upon which to predicate its claimed  “intent to use” the...more

Top 4 Trademark Enforcement Tools

A trademark’s value can be lost or weakened or a trademark owner fails to protect or police rights in the marketplace. Even improper and/or inconsistent use of a mark can hamper a trademark owner’s ability to enforce...more

What It Takes to Register a Trademark

The process to apply for a federal trademark registration is a separate, and more involved examination process, than registering a business name with a state’s Secretary of State. The U.S. Patent and Trademark Office...more

U.S. Trademark Office Heightens Scrutiny of Trademark Applications and Registrations

A relative outlier compared to the trademark regimes in most of the world, the United States Patent and Trademark Office (“USPTO”) only permits registrations to be maintained for goods and services that are actually being...more

Trademark Office Proposed Fee Changes Could Change Filing and Prosecution Strategies

The U.S. Trademark Office announced its intent to increase various filing fees, and assess new categories of fees, in response to its continually increasing operational expenses.  The last time the U.S. Trademark Office...more

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