News & Analysis as of

Trademark Act

#TidalTuesday #UseInCommerce #RegistrationFail

by Dorsey & Whitney LLP on

A recent decision by the Trademark Trial and Appeal Board in Tidal Music AS v. The Rose Digital Entertainment LLC (Opp. No. 91232127) confirms the importance of ensuring proper use of a service mark before filing an...more

Bring on the Bad Word Brands? What the Supreme Court's Decision in Matal v. Tam Means for Trademark Owners

The Supreme Court’s June 19, 2017 decision in the Matal v. Tam case has been burning-up the news wires all week. The decision struck down a 70-year-old ban on federally registering disparaging trademarks, finding that the...more

PayPal v. Pandora: Is Music Streaming Related to Financial Services?

PayPal, one of the world’s largest online payment companies, has brought a trademark infringement suit against Pandora Media, Inc., the provider of an online music streaming service and application. PayPal alleges that its...more

The Dilution Delusion?

I hesitate to add to the fallout from Matal v. Tam, the Supreme Court’s decision last week invalidating the disparagement clause of Section 2(a) of the Trademark Act. That said, here I go....more

Use in commerce for federal trademark registration: the Federal Circuit slowly moves towards the Supreme Court

by Dorsey & Whitney LLP on

Is there any use of a trademark within the United States that is insufficient to support federal trademark registration? The federal trademark laws are based on the Commerce Clause of the United States Constitution, and...more

Government of Canada releases long-awaited proposed amendments to the Trademarks Regulations and Industrial Design Regulations

by DLA Piper on

On June 19, 2017, the Canadian government released proposed amendments to the Trademarks Regulations and Industrial Design Regulations. The proposed amendments to the Trademarks Regulations are intended to complement the...more

10 Trademark Cases About Yo Mama

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

Distillations: A Place Where Everybody Knows Your Name

by Fish & Richardson on

Today’s upstart craft brewer/distiller/vintner might naturally want to name her new creation (whether the name of the company itself or a distinct product) after herself. The existence of brands such as GALLO, BUSCH,...more

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more

TTAB Serves It Straight Up: TEQUILA Is Not Generic

by McDermott Will & Emery on

Addressing whether the word “tequila” can be registered in the United States as a certification mark, the Trademark Trial and Appeal Board (TTAB) answered in the affirmative, dismissing an opposition alleging that “tequila”...more

Alert: USPTO Enacts New Audit Rules Targeting Trademark Renewals

by Cooley LLP on

Effective February 17, 2017, the United States Patent and Trademark Office ("USPTO") implemented a revised rule under which USPTO examining attorneys may request additional evidence of use from registrants beyond what was...more

Frozen Until March 21: The USPTO’s New Evidence Requirements to Clear “Deadwood” From The Federal Trademark Register

by Dorsey & Whitney LLP on

President Trump’s deep freeze of regulatory actions has delayed the effective date of new rules issued by the United States Patent and Trademark Office (USPTO) to assess and promote the accuracy of the trademark...more

US Patent & Trademark Office Issues New Trademark Use Rule

by Roetzel & Andress on

On January 19, 2017 the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register introducing new requirements for declarations of use in commerce filed pursuant to Sections 8 and 71 of the...more

No Family!Family! of Marks for Little Caesars

by McDermott Will & Emery on

The Trademark Trial and Appeal Board (TTAB) explained that an applicant’s evidence of a family of marks can be used to help prove acquired distinctiveness for a new member of that family, but held that the applicant failed to...more

Use of a Trademark on Software in Canada

by Field Law on

Xylem Water Solutions is the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations. Xylem received a Section 45 notice from a trademark lawyer, probably...more

Major changes to Canada's trademark laws: What every business needs to know

by Dentons on

The Canadian government introduced a bill in 2014 which contained the most significant changes to Canada's trademark laws in modern history. Due to the fact that the revisions were contained in an omnibus Budget...more

Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases

This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more

Sorry, Apple, Assignment of ITU Applications Isn’t MAGIC

by Winthrop & Weinstine, P.A. on

Another installment of Apple surveillance: it appears the tech giant has enlisted a shell company to file trademark applications for its newest products. Problem is, they might be stuck there....more

Australian designs law - where is reform headed?

by FPA Patent Attorneys on

It was back in 2012 that Australia’s Advisory Council on Intellectual Property (ACIP) was first tasked with conducting the Review of the Designs System. In 2013 ACIP published an issues paper and in 2014 an options paper....more

Have Sense About Scents

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

The TTAB Delivers Another Blow to the Beer Industry in Denying Registration for Home Brewing Co.

Beer companies have been hit hard lately when trying to register trademarks. As recently reported on our liquor blog, a beer distributor was denied registration of a logo that featured a skyscraper resembling the Empire...more

(Trade)Marking Your Territory in the US: A Guide for Non-US Companies

by Mintz Levin on

Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark...more

TTAB Precedential Decision: Time Limit for Adding Claims Is Tolled by Filing of Cancellation Within Registration’s Fifth...

In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) held that the filing of a cancellation petition before the five-year anniversary mark of a registration tolls Trademark Act Section 14 for purposes of...more

The Effect of The Brexit (UK Departure from EU) on IP Rights

by Ladas & Parry LLP on

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of the United Kingdom, and consequently Gibraltar, leaving the European Union (EU). According to Article 50 of...more

Dilution Update: NYC BEER Is Not Diluted, But The Empire State Building Is

Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael...more

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