News & Analysis as of

Trademark Application Trademarks

Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

Dickinson Wright on

“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

Seyfarth Shaw LLP on

What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Locke Lord LLP

Orange Is the New Black – Cancellation Decisions Confirm Distinction Between Colours and Names of Colours

Locke Lord LLP on

The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods in Classes 11, 16, 18 and 25. Originally published in the August 5, 2024 edition of World...more

Dorsey & Whitney LLP

Cognac Scores a Win for Certification Marks

Dorsey & Whitney LLP on

Cognac, which originates from a specific region of France and is named after the commune of Cognac, is far more popular outside its native country. Indeed, according to the industry group Bureau National Interprofessional du...more

Wolf, Greenfield & Sacks, P.C.

[Event] Navigating the IP Landscape: Implications and Considerations for Start-Up Success - September 19th, Washington, DC

Join Wolf Greenfield counsel Usha Parker and Ryan Van Olst as they lead a workshop covering intellectual property basics, implications, and considerations for early-stage companies....more

Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

Seyfarth Shaw LLP on

As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more

Weintraub Tobin

(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Weintraub Tobin

The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

McDermott Will & Emery

Recipe for Rejection: Trademark Application Burnt by Specimen Flaws

McDermott Will & Emery on

The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No....more

Coblentz Patch Duffy & Bass

Trademark Trickery: Scams Are Surging—What Trademark Owners Should Watch Out For

Trademark scams are on the rise and include increasingly varied communications attempting to trick trademark applicants and registrants into paying fees. If you receive any communications regarding your trademarks from anyone...more

Pillsbury - Propel

Trademark Fundamentals: Likelihood of Confusion

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A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more

Pillsbury - Propel

Trademark Fundamentals: Materials Ineligible for Trademark Protection

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Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. law. As a startup founder, it’s crucial to understand what cannot be registered as a...more

Weintraub Tobin

The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling

Weintraub Tobin on

Find out why Gabby's Table was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this...more

Locke Lord LLP

The Madrid Protocol - August 2024

Locke Lord LLP on

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark...more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

Seyfarth Shaw LLP on

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

McDermott Will & Emery

Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more

Pillsbury - Propel

Trademark Fundamentals: Distinctiveness

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In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed...more

Whitcomb Selinsky, PC

Speymalt Whisky Distributors Ltd. Trademark Dispute Over 'The Cairn'

Whitcomb Selinsky, PC on

Speymalt Whisky Distributors Ltd., a prominent name in the spirits industry, sought to register "The Cairn" as a trademark for its range of high-quality Scotch whisky and whisky-based liqueurs. This application aimed to...more

Pillsbury - Propel

Trademark Fundamentals: Opposition and Cancellation Proceedings

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For startup founders, navigating the complexities of trademark law is essential for protecting your brand. An important aspect of this process involves understanding opposition and cancellation proceedings. These are formal...more

Erise IP

What’s Trending in Trademarks, July 2024: Suit Against Prime Hydration Puts Unique Olympic Trademark Law on Display; Are Two...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Suit...more

Pillsbury - Propel

Trademark Fundamentals: Selecting Goods and Services for New Applications

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As a startup founder, you’re often faced with numerous decisions that impact the future of your business. One such decision is how to approach trademark applications. A crucial component of this process is selecting the...more

Pillsbury - Propel

Trademark Fundamentals: Use in Commerce

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Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more

WilmerHale

PTAB/USPTO Update - August 2024

WilmerHale on

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

Pillsbury - Propel

Trademark Fundamentals: What Is a “Basis” for a Trademark Filing?

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When applying to register a trademark, a critical component you will encounter is selecting a “basis” for the application. Selecting the correct basis is crucial for ensuring that your application is processed smoothly and...more

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