One of the signs of a healthy trademark is a certain level of distinctiveness. Distinctiveness is related to consumers’ love and recognition of a mark as an indicator of a product’s source, such that consumers trust the mark...more
Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more
In theory, a trademark can last “forever.” For example, the winged hourglass logo of the Longines watch company, originally registered in Switzerland in 1889, is the oldest valid trademark in the International Registry...more
Have you ever been to an indoor cycling class? If so, you most likely have heard the term “spin class,” or referred to the act itself as “spinning.” Mad Dogg Athletics, Inc. would take offense, however, calling such uses...more
By Andy Halaby The Supreme Court’s decision in United States Patent & Trademark Office v. Booking.com to take up whether booking.com is generic, and thus unprotectable as a trademark, is intriguing....more
When it comes to trademark registration, there is such a thing as being too popular. Marks such as Aspirin, Fiberglass, Zipper and Flip Phone became so ubiquitous that they were found to be generic—a commonly used name or...more