News & Analysis as of

Refusal to File

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

Beams of Light Fail to Strike a Chord with the Board

The Guitar Hotel in Hollywood, Florida is a hotel in the shape of the body of a guitar, with six lit-up “strings” running vertically up the surface of the building. At 7 pm daily, the hotel conducts a music and light show...more

McDermott Will & Emery

Recipe for Rejection: Trademark Application Burnt by Specimen Flaws

McDermott Will & Emery on

The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No....more

McDermott Will & Emery

Artificial Inspiration? Style Execution by AI Obviates Human Authorship

McDermott Will & Emery on

The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the...more

McDermott Will & Emery

Stratus Update: Federal Circuit Affirms TTAB Refusal to Register Telecoms Mark

The US Court of Appeals for the Federal Circuit affirmed a US Patent & Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) refusal to register the mark STRATUS over the existing registration for STRATA, finding a...more

Knobbe Martens

FDA Issues Refusal-to-File Letter to Alkermes for Depression Treatment

Knobbe Martens on

On April 2, 2018, Irish biotech Alkermes revealed that it had received a Refusal-to-File letter from the FDA regarding its depression drug ALKS 5461. The announcement caused Alkermes shares to drop 22.4%, and adversely...more

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