News & Analysis as of

Trademark Cancellation

Jones Day

CJEU Rules That Dates Suggesting False Heritage Can Mislead Consumers

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In Case C-412/24, the Court of Justice of the European Union ("CJEU") took up the question of whether including a date in a trademark can render such trademark deceptive. The case stemmed from a divergence between French...more

Erise IP

What’s Trending in Trademarks: May 2026

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This month: a TTAB use-in-commerce decision worth bookmarking, Taylor Swift’s push to use trademark law against AI misuse, a false endorsement suit against Samsung, and a roadside trade dress fight in Georgia....more

Jones Day

Japan Patent Office Publishes Its Yearly Status Report for 2026

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On March 23, the Japan Patent Office ("JPO") published its JPO Status Report 2026 ("2026 Report"). The yearly status reports provide comprehensive statistical data and policy updates in both English and Japanese regarding...more

Foley & Lardner LLP

Sizing Up The 3-Way Battle For 'Iceman' IP Rights

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Chicago Bears quarterback Caleb Williams filed four trademark applications for the mark “Iceman” on March 16, seeking to protect the nickname he earned during a breakout NFL season. Originally published in Law360 - April...more

Roetzel & Andress

A Common Branding Conundrum: Building a Brand With a Trademark That Is in Use by a Competitor

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Consider the following scenario: you have just landed on a new brand name for your business or product. However, you discover that another business is already using it, but has not obtained a federal trademark registration....more

McCarter & English, LLP

Smarter, Faster, Cheaper—The Trademark Office Glow-Up

The U.S. Trademark Office is in the middle of a major tech glow-up. With new online filing systems, enhanced tools to eliminate fake or dormant trademarks, and the potential use of Artificial Intelligence (AI) to predict...more

K&L Gates LLP

Fame Isn’t Everything: Australian Designer Trumps Popstar After Long-Running KATY/KATIE PERRY Trade Mark Dispute

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The High Court of Australia has handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5 in a narrow 3-2 majority, ending a decade-long trade mark battle between American pop star Katy Perry (born...more

Vondran Legal

Superbabies Ltd. V. Marvel & Dc – Default Judgment Cancels “Super Hero” Trademarks at the TTAB

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The Trademark Trial and Appeal Board recently cancelled long-standing federal registrations for the terms SUPER HEROand SUPER HEROES, once jointly owned by two of the world's largest comic publishers. While these marks were...more

Vondran Legal

Look Cycle Int’l V. Kunshan Qiyue – TTAB Cancels BLOOKE Mark For Likelihood Of Confusion And Fraud

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In a recent TTAB decision, a federal trademark registration covering bicycle goods was cancelled on multiple grounds including likelihood of confusion and fraud. The case underscores the importance of accurate use evidence in...more

K&L Gates LLP

Oh My Word(le), New York Times Succeeds in Invalidating UK WORDLE Trade Mark Without a UK Trade Mark of Its Own

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A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual...more

Knobbe Martens

THC You Later – An End to the THC Supplement Industry?

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Tucked away in the text of the law that ended the 2025 federal shutdown is a provision amending a handful of paragraphs from the 2018 farm bill. Although seemingly minor, this amendment may threaten the 28-billion-dollar hemp...more

Womble Bond Dickinson

Important Changes in CNIPA Service Practice for Madrid Designations

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The Chinese National Intellectual Property Administration (CNIPA) has stopped copying local Chinese trademark agents on notifications for international trademarks designating China through the Madrid System....more

Smart & Biggar

Canadian trademark law 2025: a year in review

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2025 marked a year of adaptive reform in Canadian trademark law. Decisions, legislative updates, CIPO initiatives, and procedural enhancements collectively show the system continuing to mature in the wake of the 2019...more

Dorsey & Whitney LLP

End Run Around Claimant Yields Big Win for Sports Mark

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A recent United States Court of Appeals for the Federal Circuit (“Federal Circuit”) decision highlighted the importance of litigation strategy. ...more

Hogan Lovells

China releases near‑final draft trademark law: What’s about to change?

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On 27 December 2025, the Standing Committee of China's National People's Congress released the Draft Amendment to the Trademark Law of the PRC for public comment. Comments from stakeholders are due by 10 February 2026, and...more

Foley Hoag LLP - Making Your Mark

Happy Anniversary? Brexit’s Final Fall-Out for Trademarks

As of January 1, it’s been five years since Brexit (where does the time go?!).  Its final implications for trademark rights in the EU and UK took effect as we rang in the new year.  As a reminder, even if you don’t recall...more

Miller Johnson

Priority Through Assignment: Federal Circuit Validates Mid-Opposition Acquisition of Common Law Trademark Rights

Miller Johnson on

Game Plan, Inc. v. Uninterrupted IP, LLC, No. 2024-1407, 2025 WL 3534330 (Fed. Cir. Dec. 10, 2025) - On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”)’s decision to cancel Game...more

Bradley Arant Boult Cummings LLP

Taking Flight on Another’s Wings — the Potential Abandonment of Twitter’s Iconic Trademarks

Elon Musk’s year of controversy continues as startup Operation Bluebird attempts to take flight with its rival social media platform — “twitter.new” — by asking the U.S. Patent and Trademark Office (USPTO) to find that Musk’s...more

McDermott Will & Schulte

Game plan backfires: Mark cancelled

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s cancellation of a registration and dismissal of registrant’s opposition, finding that the cancellation petitioner had priority...more

Seyfarth Shaw LLP

Is Slim Being Shady? Eminem’s Recent Trademark Activities

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Eminem’s recent trademark activities raise a question. Is Slim being shady in attempting to enforce his trademark rights, or is he duly protecting his brands? Protecting one’s trademarks isn’t just for big businesses, online...more

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

Off the Field, but Not Out of the Game: TOTAL 90 and the Plays That Could Change the Match

Some brands never fully fade, especially in industries in which nostalgia and cultural memory keep the brand alive long after a product line takes a step back. Nike’s TOTAL 90 line is one such example, remembered from its...more

Jones Day

UK Court of Appeal Upholds Invalidation of Adidas' "Three Stripe" Position Marks

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The court has reminded brand owners that position trade marks must comprise a single identifiable sign, and cannot be left open-ended by broad written descriptions. Fashion brand Thom Browne applied for declarations of...more

Mayer Brown

UK Clones of EU Trademarks Non-Use Cancellations Threaten From 1 January 2026

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Following Brexit, the United Kingdom Intellectual Property Office (UKIPO) automatically converted approximately two million EU trade marks into comparable UK trade marks (“UK trademark clones”) to preserve protection in the...more

Dorsey & Whitney LLP

China Raises Evidentiary Threshold for Filing Non-Use Trademark Cancellations

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In May 2025, the China National Intellectual Property Administration (CNIPA) released updated Guidelines on applications for three-year non-use cancellation actions against registered trademarks (Updated Guidelines). A key...more

Snell & Wilmer

Supreme Court Asked to Revisit Trademark Functionality Test for Features Disclosed in Utility Patents

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The long-running dispute between CeramTec GmbH and CoorsTek Bioceramics LLC over the color pink for ceramic hip-joint components has reached the U.S. Supreme Court. CeramTec recently filed a petition for certiorari...more

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