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TTAB Rules Consumer Perception Remains the Critical Inquiry for Generic.gTLD Marks

In June 2020, the U.S. Supreme Court rejected a rule that the combination of a generic term and a generic top-level domain (“gTLD”) is per se generic. See USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020) (“Booking.com”). In...more

USPTO Updates Deadline to Respond to Trademark Office Actions

The United States Patent and Trademark Office (USPTO) has updated the deadline to respond to Office Actions for trademark applications. As of December 3, 2022, trademark applicants now have three months (instead of the...more

Color Guard: Tips for Registering a Color as a Trademark with the USPTO

In a recent precedential opinion, the United States Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) ruled that a trademark consisting of multiple colors, as applied to product packaging, cannot...more

Two Recent Trademark Decisions Provide Ammunition for Trademark Owners Who Receive Improper Specimen Refusals for Service Marks

In the past few years, many trademark practitioners have noticed an increase in the number of rejections for trademark specimens – the documents that applicants submit to the United States Patent and Trademark Office (USPTO)...more

Branding Social Movements: Why Attempts to Trademark #MeToo, Black Lives Matter, and Other Movements are Likely to Fail and Could...

On October 20, 2017, Hard Candy LLC applied to register #METOO as a trademark for cosmetics and fragrances. The application was likely to be rejected. As the hashtag for a social movement, #METOO does not function as a...more

Drumpf or Trump: The Name Confirmed

Comedian John Oliver’s antics rarely stop with his HBO show, “Last Week Tonight.” After discovering Donald Trump’s ancestral name, Drumpf, John Oliver dedicated an entire segment to disassociating Donald Trump from his TRUMP...more

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