The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more
In yet another recent example of the need for care in establishing a full record when appealing the denial of a trademark application, on April 14, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of...more
In a rare case involving an admitted error by the U.S. Patent and Trademark Office, on February 20, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of Agadia Systems Inc.’s application for...more
When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more
2/3/2025
/ Foreign Trademark ,
Intellectual Property Protection ,
Jurisdiction ,
Lanham Act ,
Likelihood of Confusion ,
Popular ,
Precedential Opinion ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement a new fee schedule for trademark filings. ...more
Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for....more
Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more
12/3/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Cosmetics ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Patent Litigation ,
Patents ,
Popular ,
Trademark Registration ,
Trademarks ,
USPTO
On September 25, 2019, Fish Principal Keith Barritt and Associate Nancy Ly hosted the Trademark and Copyright webinar “Trademarks 101.” The webinar focused on the basics of trademark law – what trademarks are, why they...more
Unlike in most countries, in the United States trademark registrations are supposed to reflect marks actually in use in commerce. Trademark rights in the U.S. are earned through use, not simply purchased. Nonetheless, there...more