The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important commonalties but...more
Most people think that getting a trademark registered with the United States Patent and Trademark Office (“USPTO”) means that their trademark is added to a single federal registry with one set of resulting legal rights and...more
On March 18, 2021, Nike filed a cancellation action at the Trademark and Trial Appeal Board against Vans’ recently granted registration on the Supplemental Register for a checkerboard pattern that goes down the sleeve of...more
The U.S. Patent and Trademark Office has issued guidance on how it will treat applications to register “generic.com” terms in the wake of the Supreme Court’s June 30, 2020 decision in United States Patent and Trademark Office...more
The loser of a trademark opposition or cancellation proceeding at the United States Trademark Trial and Appeal Board (TTAB) has two avenues for appealing the decision: (1) to the United States Court of Appeals for the Federal...more
Brewers can protect the uniqueness of their brands of brew and brewery names by filing for federal registration of their trademarks. Here are a few things about the process that are good to know...more
Last month we reported on the Federal Circuit decision in Earnhardt v. Earnhardt, vacating and remanding the TTAB’s dismissal of the opposition by Teresa Earnhardt (widow of Dale Earnhardt) to the “Earnhardt Collection”...more
On September 8, the Trademark Trial and Appeal Board lent support to the strength of a registration on the Supplemental Register, indicating that it is worthwhile to pursue federal registration, even if that means your mark...more
In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more