News & Analysis as of

Declaration of Use Trademark Registration

Sheppard Mullin Richter & Hampton LLP

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023: A Limit to Cancel Culture? Federal Circuit Finds Fraud in Connection with Section 15 Declaration...

In 2021, the Trademark Trial and Appeal Board cancelled Great Concepts, LLC’s trademark registration for the mark DANTANNA’S for restaurant services under Section 14, after finding that counsel for the Registrant committed...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Dunlap Bennett & Ludwig PLLC

Bulletproof Trademarks: Why Brand Owners Should File A Section 15 Declaration Of Incontestability

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] Trademark litigation can be long and costly. But the Court quickly dismissed...more

Fox Rothschild LLP

Excusable Nonuse Of A Trademark Due To Coronavirus

Fox Rothschild LLP on

With the closure of “non-essential” businesses throughout the country and the world, the use of trademarks on and in connection with products and services may be interrupted or altogether halted for a period of time. This...more

Faegre Drinker Biddle & Reath LLP

Mid-Term Declarations Now Required in Argentina

On May 27, 2019, the Argentine Trademark Office issued Resolution No. 123/2019 (the Resolution), which added mid-term declarations of use, created grace periods for renewals and created response periods of 30 days for most...more

Smart & Biggar

It’s the final countdown: Top 10 changes to Canada’s trademark law on June 17th

Smart & Biggar on

After five years of anticipation, sweeping changes to Canada’s trademark law will finally come into force on June 17, 2019. The changes, which are substantial, have been canvassed in previous IP Updates. The following briefly...more

Smart & Biggar

SAVE MONEY: File your multi-class applications in Canada now

Smart & Biggar on

In this two-part series, we will discuss important strategies to consider before Canadian trademark law changes on June 17, 2019, including tips that could save you and your clients time and money, now and in the future. ...more

Smart & Biggar

The date is set: June 17, 2019 — Canada’s New Trademark Law will be in Force

Smart & Biggar on

After years of uncertainty, a date has been finally been set for the implementation of Canada’s new trademark law. The new law will come into force on June 17, 2019. This date was announced today, with the publication of the...more

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