News & Analysis as of

Surnames Trademark Registration

BakerHostetler

Surname Refusals - Rarity Alone Will Not Defeat a Refusal To Register

BakerHostetler on

A mark that is “primarily merely a surname” cannot be registered on the Principal Register per Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4). Even though a surname may be rare, in In re Weale Care, LLC, Serial...more

Mintz - Intellectual Property Viewpoints

Adding Initials to a Surname Does Not Necessarily Create a Protected Trademark

In a recent precedential decision, the TTAB held that the addition of one initial —or possibly even more than one initial—in front of a surname does not necessarily create the impression of a personal name. Rather, the Board...more

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

MarkIt to Market® - February 2020: Sussexit: Petty Queens and Trademark Takeaways

Trademark lawyers get excited when trademark protection maneuvers make international headlines; add glamorous royals Harry and Meghan to the mix, and everyone has an opinion on the ramifications of Sussexit and the SUSSEX...more

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

MarkIt to Market® - January 2020: That's Not My [Sur]name

In a non-precedential opinion issued this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jos. A. Magnus & Co., LLC’s mark MAGNUS for “whiskey, gin, and...more

Smart & Biggar

What’s in a name? Canada may have just made it more difficult to register name and surname marks

Smart & Biggar on

The Canadian Intellectual Property Office has recently revised its Practice Notice regarding name and surname objections....more

Burns & Levinson LLP

What’s In a Name?

Burns & Levinson LLP on

Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to...more

Dorsey & Whitney LLP

Following The Earnhardt’s Race To the Courtroom, USPTO Raises the Bar on Surnames

Dorsey & Whitney LLP on

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

Dorsey & Whitney LLP

The Earnhardts’ Race To the Courtroom: Who Will Get The Checkered Flag?

Dorsey & Whitney LLP on

On July 27, 2017, the Federal Circuit decided Earnhardt v. Earnhardt, a trademark collision between two relatives of the famous race car driver, Dale Earnhardt. The case involved an appeal from a TTAB decision between Teresa...more

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

MarkIt to Market® | April 2017

The April 2017 issue of Sterne Kessler's MarkIt to Market® discusses navigating the lifecycle of an eponymous brand and lists the new gTLD Sunrise periods. ...more

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

Navigating the Lifecycle of an Eponymous Brand (Part 2)

In this three-part series, we identified at least three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercialization, and (3) Legacy of the Brand. In Part 1, we discussed "Choosing...more

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

Navigating the Lifecycle of an Eponymous Brand (Part 1)

In Steven Covey's book, 7 Habits of Highly Effective People, he espouses the idea that "all things are created twice … a mental (first) creation, and a physical (second) creation" (see link here). This idea applies aptly to...more

Ladas & Parry LLP

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

Ladas & Parry LLP on

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

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

What's in a Name?: An Overview of the TTAB's Recent Surname Decisions

Barr. Aldecoa. Hechter. Adlon. Kepler. Butterfields. What do these words have in common, you may ask? They were all recently found to be "primarily merely a surname," and refused registration by the Trademark Trial and Appeal...more

Mintz - Trademark & Copyright Viewpoints

DICKMAN’S Pickles: Just Another Unregistrable Surname

The US Trademark Trial and Appeal Board has, again, explained how and when surnames may function as trademarks. In re Enumclaw Farms LLC, Application Serial No. 85942195 (TTAB June 24, 2016). ...more

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