News & Analysis as of

Federal Trademark Register

Don’t Fall for a Scam: Trademark Owners Targeted

by Womble Bond Dickinson on

Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners...more

California Finally Rolling Out Its Own Cannabis Trademark Laws

by Weintraub Tobin on

California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the...more

International Trademark Classes: What is the Nice Agreement?

by Revision Legal on

Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications and many different filing bases. Given...more

Cannabis Trademark Opposition: A Fanciful Counterfactual Illustration

by Revision Legal on

Parties file oppositions against pending trademark applications for a wide variety of reasons. Often, a party filing an opposition or requesting an extension of time to do so will contact the Applicant before filing or at the...more

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

by Ward and Smith, P.A. on

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

California’s Bill to Add Marijuana Trademark and Service Mark Classifications

by Wilson Elser on

On December 12, 2016, Assembly Bill No. 64 (AB 64) was introduced to California’s legislature, with the stated purpose of (1) furthering the intent of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), a...more

Frozen Until March 21: The USPTO’s New Evidence Requirements to Clear “Deadwood” From The Federal Trademark Register

by Dorsey & Whitney LLP on

President Trump’s deep freeze of regulatory actions has delayed the effective date of new rules issued by the United States Patent and Trademark Office (USPTO) to assess and promote the accuracy of the trademark...more

UPDATE: US Patent & Trademark Office Issues New Trademark Use Rule (Delayed until March 21, 2017)

by Roetzel & Andress on

ALERT UPDATE: The US Patent & Trademark Office (USPTO) planned to implement an auditing program on February 17, 2017, which would introduce new requirements for declarations of use filed pursuant to Sections 8 or 71 of the...more

Evaluating The USPTO’s Efforts To Clean Up The U.S. Trademark Register

by Ladas & Parry LLP on

An ongoing issue for the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations where registrants do not actually use or intend to use their marks on all of the goods and services...more

US Patent & Trademark Office Issues New Trademark Use Rule

by Roetzel & Andress on

On January 19, 2017 the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register introducing new requirements for declarations of use in commerce filed pursuant to Sections 8 and 71 of the...more

Why Should I Register My Trademarks?

If you have a company, a brand, a tagline, a design logo or you offer products or services to the public, you probably have a trademark that should be registered. Many clients, regardless of sophistication, do not register...more

Selecting a Mark

While branding is important, selecting a mark for a new business can occupy a disproportionate amount of management’s time and the company’s resources, and present significant risks to the business....more

Three Point Shot - December 2016

by Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

by Knobbe Martens on

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more

Make IP Great Again

An interesting phenomenon is the use of trademarks to own current events. Every major event seems to be followed by a series of trademarks applications by those who seek to claim ownership of history, or at least the...more

MarkIt to Market® - October 2016

The October 2016 issue of Sterne Kessler's MarkIt to Market® newsletter provides an update on the Redskins trademark case, discusses a recent TTAB ruling regarding ownership of families of marks, and announces the new gTLD...more

Trademark satire is no joke to the City of Atlanta

by Winthrop & Weinstine, P.A. on

Check out this City of Atlanta Facebook page. The funny thing is that it’s not run by the City of Atlanta. Although the posts are titled “City of Atlanta” and use the City’s official seal, the page consists of satirical...more

Trademark Review | September 2016

by Knobbe Martens on

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

by Snell & Wilmer on

1. The Difference Between a Trademark, Service Mark, and Trade Dress. A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more

Maintaining Your Trademark Registrations-Part 2

Once you have obtained a U.S federal trademark registration, you must take certain steps to maintain the registration or else you risk losing your trademark protection. In this article, we discuss a key step in maintaining...more

How to Maintain Your Trademark Registrations

This article explains filing deadlines and document requirements for maintaining federal trademark registrations with the U.S. Patent and Trademark Office (“USPTO”). The documentation for establishing proof of continued use...more

Reality Check: What Marcus Lemonis Learned About Purchasing Intellectual Property That Your Business Should Too

Entrepreneur and reality television star Marcus Lemonis, host of CNBC’s The Profit, has learned a tough lesson about contract law. With a business strategy that makes every lawyer cringe, Lemonis prides himself on having made...more

Trademark Review | August 2015

by Knobbe Martens on

The Redskins Lose Again (Off the Field)- A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use in connection with a...more

Trademark Specimens: Singular or Plural Matters

The Trademark Trial and Appeal Board recently re-designated as precedential its May 12, 2015 decision that affirmed refusal to register a mark because the applicant’s specimens – showing the proposed mark in plural form,...more

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