News & Analysis as of

Trademark Registration

After Matal v. Tam, Federal Circuit Rules On “Immoral” And “Scandalous” Trademarks

by Fox Rothschild LLP on

Continuing my ongoing coverage of the Lanham Act’s disparaging trademark ban, the Federal Circuit ruled today that the U.S. Supreme Court’s June 2017 ruling striking down the ban on disparaging trademarks also applies to the...more

With A Great Trademark Comes Great Responsibility: San Diego Comic-Con V. Salt Lake Comic Con

by Weintraub Tobin on

Earlier this month, a jury in San Diego federal court was asked to decide if the use of the trademark “COMIC CON” by Daniel Farr, Bryan Brandenburg, and Dan Farr Productions for a comic book convention held in Salt Lake City...more

Torchy’s “Damn Good” Trademark Bullying…Or Not?

by Winthrop & Weinstine, P.A. on

A few weeks ago, a Mexican restaurant in Fort Collins, Colorado, named “Dam Good Tacos,” agreed to change its name based on a settlement in a trademark dispute with another Mexican restaurant, Torchy’s Tacos....more

Yellow is Not Gold for Cheerios™, and Other Tales of Color Trademarks

by Baker Donelson on

Close your eyes and transport yourself to the cereal aisle of your grocery store: can you picture the design of a box of original Cheerios™, color and all? General Mills recently tried, and failed, to obtain a federal...more

What is the Trademark Supplemental Register?

by Revision Legal on

Many people are aware that the Lanham Act allows you to register a trademark. Many are less familiar with the fact that there are two registers: the Principal Register and the Supplemental Register. The Supplemental Register...more

Oh Trademark Registration, You’re So Vain?

by Winthrop & Weinstine, P.A. on

Ron, you’re so vain, you probably think this post is about you, don’t you, don’t you — actually, it is, or, let’s say, more about your recent in-actions — still, I hope you enjoy this cute little melody....more

Creative Trademark Enforcement Part I: Velcro Companies Aim To Sing You Into Submission

Readers of this blog are likely aware that trademark owners are required to actively monitor, police, and enforce their trademarks against infringement and misuse. Failure to do so can result in limitation of and, in the...more

Trademark Evolution: Part 1 (When Trademarks Change)

by Field Law on

The famous Toblerone bar is so distinctive in shape and design that it serves as a great example of a “distinguishing guise” trademark. It has been used as a trademark since 1910 in Canada, and during that time has...more

Six Key Trademark Filing and Protection Strategies for Canada in 2018

by Smart & Biggar on

As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada’s new trademark law begins in earnest. Announced in 2014, Canada’s Bill C-31 is expected to be implemented...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

International Trademarks: Japan has Embraced Color

by Revision Legal on

Trademarking colors has been a complex and confusing legal history question. Color has always been allowed as part of the mark design, but for many years trademarking was denied for stand-alone colors and schemes. Even now...more

IP+T Intelligence Newsletter - December 2017

by Robinson & Cole LLP on

If you own trademark registrations in the United States, you are required to make certain filings with the U.S. Patent and Trademark Office (PTO) to keep your trademark registration(s) alive. In particular, prior to the sixth...more

Intellectual Property Law Series: Common Trademark Pitfalls Even the Pros Make

We’ve all heard of trademarks. But, what exactly do they do? And how do you select your trademarks, protect them, and then properly use them in commerce?...more

Extrinsic Evidence May Not Be Used To Distinguish the Commercial Impressions of Marks In An Ex Parte Likelihood-of-Confusion...

In a non-precedential opinion, the Federal Circuit affirmed that in an ex parte proceeding, when analyzing the likelihood of confusion between a registered and an applied-for mark, evidence extrinsic to the application and...more

Just Like Grandma Used to Infringe: Trademark Battle Sparks Over “Nana”

by Reed Smith on

Granny can’t catch a break. In the food and beverage industry, “NANA”-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe’s LLC in its complaint filed...more

Pitfalls of Holiday Specific Branding

The holiday season in the United States starts around Halloween and extends for a two-month period until the beginning of January. The holiday marathon sparks a flurry of purchasing events – such as booking airline tickets,...more

Ugh (or Ugg?), Another Trademark Dispute

UGG brand boots are a popular fixture on many holiday wish lists, but did you know that the UGG trademark has been the center of a dispute for the past decade? The comfortable sheepskin boots had a long history prior to their...more

VELCRO: Call me “Hook and Loop?”

Velcro BVBA, makers of the famous “VELCRO” brand hook and loop fasteners, have taken a humorous and effective stab at trying to assue that it retains trademark protection for that mark. Its concern is that people are...more

Beer Brand Battles: David Takes on City Hall (with Goliath on the sidelines)

by Winthrop & Weinstine, P.A. on

The City of Portland is known as a hub for craft beer, and its local government couldn’t be prouder. The Travel Portland website proudly proclaims that Portland is “home to more breweries than any other city on earth.” Yet...more

Win or Lose, Trademark Applicants Must Pay USPTO’s Attorney Fees in District Court Appeals, Says Eastern District of Virginia

On October 26, 2017, the Eastern District of Virginia became the latest court to weigh in on the USPTO’s position regarding whether trademark applicants who appeal adverse TTAB decisions directly to a district court for de...more

Will the Velveeta Brand Melt into Laughter?

by Winthrop & Weinstine, P.A. on

What do you think of when you hear the word Velveeta? Me too, childhood — complete with piping hot Campbell’s tomato soup — and perfectly melted grilled cheese sandwiches. Later in life, at least for me, came liquid gold and...more

Europe – General Court: EUTM revocation action takes the biscuit

by Hogan Lovells on

(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO) - The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be...more

What is Contributory Trademark Infringement?

by Revision Legal on

How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark...more

Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.

by Farrell Fritz, P.C. on

Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of those states legalizing marijuana and the Controlled Substance Act (the “CSA”). The CSA is a...more

Consent Agreements – Not Always a Sure Path to Overcome Likelihood of Confusion Refusals in the USPTO

by Dorsey & Whitney LLP on

The Trademark Trial and Appeal Board recently affirmed a refusal to register the mark 8-Bit Aleworks for beer based on two prior registrations for the mark 8 bit Brewing Company for beer and other alcoholic malt beverages,...more

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