News & Analysis as of

Trademark Act Use in Commerce

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

MarkIt to Market® - September 2020: CB – Don'ts

Creativity abounds in the CBD industry – both in the wide variety of products infused with it, and in the efforts undergone by applicants trying to circumvent the Trademark Act to register per se unlawful CBD-infused...more

Smart & Biggar

Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services

Smart & Biggar on

In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate “use” of a trademark in Canada in association with “hotel services” in the absence of a brick-and-mortar...more

Knobbe Martens

VersaTop Support Systems v. Georgia Expo, Inc.

Knobbe Martens on

Before Newman, Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary: The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on

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

Dorsey & Whitney LLP

#TidalTuesday #UseInCommerce #RegistrationFail

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

Spilman Thomas & Battle, PLLC

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

Roetzel & Andress

US Patent & Trademark Office Issues New Trademark Use Rule

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

Knobbe Martens

Trademark Review | May 2016

Knobbe Martens on

Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 07

Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more

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