You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more
Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential...more
The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more
Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more
A certification mark is an important business tool. Displaying a certification mark on a product or on marketing materials indicates that a company’s offerings meet certain standards. Consumers often look for items that...more
The US Court of Appeals for the Fourth Circuit affirmed a summary judgment grant in favor of the opposers of a certification mark application for the trademark GRUYERE to designate cheese that originates in the Gruyère region...more
The United States Patent and Trademark Office (USPTO) has granted the application of the Scotch Whisky Association (SWA or Association) to register SCOTCH WHISKY as a certification mark for “whisky produced in Scotland...more
INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., Twas all about exclusive right to control the use of Gruyere for cheeses in the US. This case began with a 2015 application by Interprofession du...more
In a recent Federal Circuit ruling, ICCS USA Corp. v. United States, 2019-1561 (Fed. Cir. March 11, 2020), the Court affirmed a decision by the U.S. Court of International Trade with respect to misuse of a certification mark...more
The March 2020 issue of Sterne Kessler's MarkIt to Market® newsletter provides practice pointers gleaned from a recent Federal Circuit ruling regarding certification marks and discusses the upcoming addition to the Hague...more
On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referred to as the USMCA). The...more
Today, the amended Benelux-Convention on Intellectual Property (“BCIP”) will enter into force, bringing Benelux trademark law in line with the European Trade Marks Directive. We have summarized the most important changes...more
The amendment of the German Trade Mark Act by way of the Trade Mark Modernization Act (MaMoG) entered into force on 14 January 2019, implementing a range of obligatory and optional provisions of the EU Trade Mark Directive...more
On January 14, 2019 Germany’s Trademark Law Modernization Act (MaMoG) went into effect, amending the German Trademark Law (MarkenG) to implement European Union trademark directive 2015/2436 (MRL)....more
Certification marks are part of national trade mark law in a number of Member States and since the reform of European trade mark law, the EUTMR now covers them under articles 83 to 93. ...more
I am in Porto, Portugal for the spring conference of the Pharmaceutical Trade Marks Group, and I have enjoyed learning a bit about port wine – and the associated geographical indication – while I am here. Port, of course, is...more
Companies that attest to the quality of products or services under a “certification mark” – a type of trademark used to show consumers that particular goods or services (or their providers) have met certain standards – are...more
January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more
We’ve blogged about recent enforcement actions taken by the FTC against companies using deceptive “selfie” certification marks. These are seals of approval created by or otherwise affiliated with the companies whose products...more
The Situation: Alterations to the European Union’s trademark laws came into force on October 1, 2017. ...more
Trademark owners should take note of two new types of trademark protection available in the European Community as of October 1, 2017....more
The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. ...more
National Tequila Day is celebrated on Monday, July 24. Tequila is made with the distilled extract of the blue agave plant, which grows in and around the city of Tequila and other parts of the state of Jalisco, Mexico....more
Hogan Lovells represented Federation of the Swiss Watch Industry FH (“Federation”) in a successful appeal against a decision of the Hong Kong Registrar of Trade Marks in an opposition involving the “Swiss” certification mark....more