News & Analysis as of

Trademark Registration

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2020 #2

USDA Accepting Comments on Organic Rule Amendments - The U.S. Department of Agriculture (USDA) is accepting comments on the Agricultural Marketing Service’s proposed amendments to organic regulations concerning oversight...more

BakerHostetler

CAFC Holds the Lack of a Property Interest in a Trademark Does Not Prevent the Commencement of a Cancellation Proceeding

BakerHostetler on

The Court of Appeals for the Federal Circuit (“CAFC”), in a 2-1 vote, held in Australian Therapeutic Supplies Pty., Ltd. v. Naked TM, LLC, Appeal No. 2019-1567 (Fed.Cir. July 27, 2020), that a property interest in a mark is...more

Bradley Arant Boult Cummings LLP

Trademark Board Harshes the Mellow of CBD Oil Manufacturer

The relationship between the cannabis industry and intellectual property laws in the United States is unique and complicated, in many ways mirroring the nation’s collective views on the cannabis plant. This is unfortunate, in...more

Dunlap Bennett & Ludwig PLLC

U.S. Patent and Trademark Office Set to Increase Trademark Filing Fees as Soon as October 2020

The United States Patent and Trademark Office (“USPTO”) issued a rulemaking on June 19, 2020, proposing to raise its fees for certain types of Trademark filings. The increase in filing fees, which could occur as soon as...more

Fox Rothschild LLP

Federal Circuit: TTAB’s Decision To Enter Judgment As A Discovery Sanction Was Appropriate

Fox Rothschild LLP on

On August 5, 2020, the United States Court of Appeals for the Federal Circuit affirmed the TTAB’s decision to cancel a trademark registration for the mark HOLLYWOOD BEER as a discovery sanction for the registrant’s repeated,...more

Cooley LLP

Blog: Primer - Why Trademark Protection is Important for Venture Capital Firms

Cooley LLP on

We’re a VC firm – we don’t sell consumer products – why do we need to care about trademarks? For any business, one’s good name is one of its most essential assets. That is especially true in venture capital, where,...more

Fox Rothschild LLP

The TTAB: Rule 56(d) Protects Non-Movants From Being “Railroaded” By Premature Summary Judgment Motions

Fox Rothschild LLP on

On July 28, 2020, the TTAB issued a precedential decision regarding an underutilized method for responding to summary judgment motions filed before the non-moving party has had a reasonable opportunity to obtain relevant...more

McDermott Will & Emery

The Naked Truth About Trademark Cancellation: Only Harm, No Proprietary Interest Required

The US Court of Appeals for the Federal Circuit determined that a contracting party that contractually abandoned any proprietary interest in a mark may still bring a cancellation action if it can “demonstrate a real interest...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 3 - Summer 2020

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Fox Rothschild LLP

The TTAB Finds The Mark GUARANTEED RATE Too Descriptive For Registration In The Absence Of Survey Evidence

Fox Rothschild LLP on

On July 30, 2020, the U.S. Trademark Trial and Appeal Board (TTAB) issued a precedential decision holding, in effect, that the mark GUARANTEED RATE is too common for registration in the absence of a consumer survey showing...more

Hogan Lovells

USPTO Alert – New guidance for registering geographic terms for meats & cheeses

Hogan Lovells on

The United States Patent & Trademark Office (USPTO) issues new guidance for trademark applications covering certain cheese and processed meat products when an applied-for mark includes geographic wording that does not...more

Knobbe Martens

Proprietary Rights in a Mark Not Required for Standing at the TTAB

Knobbe Martens on

AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC - Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board - Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the...more

Latham & Watkins LLP

Supreme Court: “Generic.com” Trademarks May Be Registered if Consumers Do Not Perceive Them as Generic

Latham & Watkins LLP on

The decision expands the availability of trademark protection for domain names and limits the number of terms deemed unprotectable because they are generic. Key Points: ..The addition of the .com top-level domain to an...more

Cranfill Sumner & Hartzog LLP

Supreme Court Rules that a Generic Term Combined with “.com” is Protectable

Recently the Supreme Court affirmed registration on the principal register for what appeared to be a generic term. In United States Patent & Trademark Office v. Booking.com B. V., 140 S. Ct. 2298 (2020), the Court affirmed...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now - Enforcing and Expanding Your Brand During the COVID-19 Pandemic

Williams Mullen on

On the latest episode of Williams Mullen's Trending Now - An IP Podcast, Ed White is joined by Janet Cho to discuss specific strategies to protect and enhance your brand during the COVID-19 pandemic....more

Locke Lord LLP

Supreme Court Holds that Booking.com Isn’t Generic

Locke Lord LLP on

In U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court held that a term that combines a generic word with “.com” is not generic if consumers perceive the term to signify the source of a product and thus...more

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

MarkIt to Market® - June 2020: Trademark Scams - No Method of Communication is Off Limits

The USPTO has been working to combat misleading and fraudulent solicitations sent to federal trademark applicants/registrants and is calling on the public to report and identify these bad actors....more

Greenberg Glusker LLP

Trademarks & Copyrights: Frequently Asked Questions

Greenberg Glusker LLP on

Attorney Elizabeth M. Sbardellati recently presented "Trademarks & Copyrights: How to Protect Your IP Without Breaking the Bank" to a group of women startup owners as part of the Women Founders Network organization. A summary...more

Kilpatrick Townsend & Stockton LLP

Strategies for Cultivating Protectable Rights in, and Registering, Generic.com Marks After United States Patent and Trademark...

On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain...more

Faegre Drinker Biddle & Reath LLP

The Future of the “Generic.com” Trademark

The basic premise that a generic term is un-registrable is, at first glance, uncontroversial. If a key purpose of a trademark is to identify a particular source of goods or services, then it stands to reason that one cannot...more

Jaburg Wilk

Trademark Trolls Circling Redskins Unlikely to See Big Pay Day

Jaburg Wilk on

For decades, the Washington Redskins’ name has been the center of controversy, both in federal court and in the court of public opinion. Native American groups have long decried the name as a racial slur and have challenged...more

Smart & Biggar

French language law in Canada: Part 1 - An introduction

Smart & Biggar on

The Charter of the French language (R.S.Q. c. C-11) (the French Charter) was adopted in 1977 by the Québec government to protect the French language. The French Charter gives the French language the status of official...more

Goulston & Storrs PC

Supreme Court Affirms "Booking.com" Trademark

Goulston & Storrs PC on

On June 30, 2020, The Supreme Court of the United States issued its opinion in United States Patent and Trademark Office v. Booking.com B. V., holding that a mark consisting of a generic term combined with “.com” is not...more

Troutman Pepper

U.S. PTO Initiates Expedited Review Process for COVID-19 Related Trademarks

Troutman Pepper on

What is the COVID-19 Trademark Prioritized Examination Program? In an effort to address the critical need to develop medical products and services that will aid in the elimination of the COVID-19 pandemic, the United States...more

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

MarkIt to Market® - June 2020: CBD Ingredient Brands - Trademark Registration Is Possible, but May Be a Tough Pill to Swallow

A June 16, 2020 precedential decision by the Trademark Trial and Appeal Board held that Federal trademark registration is not available for food, beverages, or nutritional/dietary supplements to which hemp-derived cannibidiol...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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