There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more
Welcome to Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the highlights: - A Time-Out for Offensive Trademarks. According to IP...more
The December issue of Sterne Kessler's MarkIt to Market TM newsletter discusses key takeaways as a result of a recent TTAB case in which a trademark was found to be laudatory, sends seasons greetings from the firm, and...more
Brand owners seeking federal protection for their service marks from the U.S. Patent and Trademark Office ("USPTO") often struggle with how to define their services in the application. While the Trademark Act defines...more
In years past, "wearable technology" was pretty much limited to wristwatches and miners' headlamps. Today, wearable technology is one of the fastest growing segments in the technology marketplace. Countless consumer products...more
As you may have heard, the USPTO has commenced a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations to account for evolving technology. Amendments...more
The USPTO’s Welcome Initiative for Technology-Driven Changes in Registered Trademark Use. Under a pilot program announced by the United States Patent and Trademark Office (USPTO) on September 1, 2015, trademark owners...more
Own a trademark registration covering goods or services that have become obsolete due to technological advances? Does your trademark registration cover content delivered by floppy discs that are now provided as on-line...more
The European Court of Justice’s June 2012 decision in IP TRANSLATOR changed the way trade mark specifications are interpreted. OHIM’s application of this decision led to inconsistent interpretations of trade mark...more
You may have read here before about the U.S. Patent and Trademark Office's (USPTO) increased focus on removing "deadwood" – registrations that remain in force, but cover marks that are not actually in use for all of the...more
An ongoing issue faced by the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations granted or retained for over-inclusive identifications of goods and/or services where the...more