Welcome to the January 2026 issue of Sterne Kessler’s MarkIt to Market® newsletter. As we’ve entered the new year, we’re excited to introduce a new quarterly digest format for MarkIt to Market®....more
Welcome to the December 2025 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the changes made this year to U.S. trademark practices from the U.S. Patent and Trademark Office and what they mean...more
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners....more
Some brands never fully fade, especially in industries in which nostalgia and cultural memory keep the brand alive long after a product line takes a step back. Nike’s TOTAL 90 line is one such example, remembered from its...more
Thank you for reading the August 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a Show Cause Order recently issued by the USPTO to combat thousands of fraudulent trademark applications. We...more
Thank you for reading the May 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Spotify's exploration into NFTs, two new USPTO policies with practical implications for trademark applicants...more
The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more
The October 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential TTAB decision regarding fraud; the DEA's proposal to increase production quotas for several schedule I controlled substances,...more
The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more
The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more
[co-author: Joseph Diorio, Law Clerk] The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more
[co-author: Joseph Diorio, Law Clerk] The November 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a rare failure-to-function refusal reversal at the TTAB, Google's efforts to combat counterfeit goods,...more
The October 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how the USPTO determines similarity to prior-filed marks, the considerations of protecting a mark in a foreign language, and the new gTLD...more
The June 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the types of regulatory and other approvals that do not preclude the need for a trademark clearance, examines the relevant considerations in using...more
The March 2018 issue of Sterne Kessler's MarkIt to Market® discusses the impact of Brexit on trademarks, the inception of the PTO's Trademark Specimen Protest Email Pilot Program, and lists the new gTLD Sunrise periods. ...more
The January 2017 issue of Sterne Kessler's MarkIt to Market® includes an overview of the TTAB's recent surname decisions, the changes made by the USPTO to their trademark processing and services fees, and lists the new gTLD...more
The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most...more
The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes...more
The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods. ...more
The April 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses (1) the evolving nature of the USPTO's U.S. Acceptable Identification of Goods and Services Manual, and how to use this document to craft better...more
The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more
The August issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses consent agreements and how to avoid naked consent, suggests 5 steps for protecting shrinking trademarks, and provides an updated list of the Sunrise...more
In This Issue: - I Second that e-Motion: Protecting Motion Marks - USPTO Begins Accepting International Design Applications - Attending INTA Annual Meeting - gTLD Sunrise Periods Now Open - Excerpt...more
The December issue of Sterne Kessler's MarkIt to MarketTM newsletter includes news on how the USPTO is tackling its "deadwood" problem, the reduced USPTO fees for 2015, and an updated list of the Sunrise periods currently...more
In This Issue: - FDA Draft Guidance: Best Practices for Developing Drug Trademarks - U.S. Patent and Trademark Office Proposes Fee Reductions - gTLD Sunrise Periods Now Open - Excerpt from U.S. Patent and...more