Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more
8/16/2024
/ Brand ,
Corporate Counsel ,
E-Commerce ,
Intellectual Property Protection ,
Retail Market ,
Service Marks ,
Trademark Application ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition
As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more
6/19/2024
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vidal v Elster
In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a...more
11/15/2023
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Lanham Act ,
Political Affiliation ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademarks ,
USPTO ,
Vidal v Elster
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more
6/21/2023
/ Certiorari ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
USPTO
The Super Bowl is one of the most highly anticipated events in the world of sports, attracting millions of fans, advertisers, and sponsors from around the globe. Because of this, Super Bowl advertisements are plentiful both...more
Pursuant to the Trademark Modernization Act of 2020 (“TMA”), changes to certain procedural rules for ex parte trademark prosecution are now being implemented at the U.S. Patent and Trademark Office (“USPTO”). One of these...more
Trademark offices around the world have adjusted their practices in response to the global COVID-19 pandemic. Many trademark offices extended or suspended deadlines...more
In recent weeks, trademark offices around the world have made announcements and adjustments to their practices in response to the global COVID-19 pandemic. ...more
5/20/2020
/ Administrative Proceedings ,
Asia Pacific ,
Business Closures ,
Coronavirus/COVID-19 ,
Deadlines ,
EU ,
Government Agencies ,
Intellectual Property Protection ,
Latin America ,
Middle East ,
USPTO ,
WIPO
In recent weeks, trademark offices around the world have made announcements and adjustments to their practices in response to the global COVID-19 pandemic. ...more
5/4/2020
/ Argentina ,
Asia Pacific ,
Brazil ,
Business Closures ,
Canada ,
Coronavirus/COVID-19 ,
EU ,
Intellectual Property Protection ,
International Trademark Protection ,
Singapore ,
Trademarks ,
UK ,
WIPO
In a previous Legal Update, we discussed how COVID-19 would likely provide a basis for claiming excusable nonuse of a trademark. A related issue is whether a pandemic-related interruption in use of a trademark could delay the...more
As others have previously reported, the US Patent and Trademark Office (USPTO) has taken the position that the COVID-19 pandemic constitutes an “extraordinary situation” warranting suspension of certain rules relating to...more
On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more
12/11/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corporate Branding ,
Decriminalization of Marijuana ,
Dispensaries ,
Goods or Services ,
Hemp ,
Hemp Related Businesses ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Ownership of Works ,
Product Labels ,
Product Packaging ,
Registration Requirement ,
Retail Market ,
Retail Sales ,
State and Local Government ,
Trademarks ,
USPTO