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Refusal to File

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

Linda Liu & Partners

New Changes in the Suspension of Trademark Refusal Review Cases and the Pre-registration of Administrative Litigation

Linda Liu & Partners on

The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks. According to...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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