News & Analysis as of

Trademark Registration

New USPTO Specimen Pilot Program

by Knobbe Martens on

On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more

Protecting Your Neighborhood’s Identity – Registering A Trademark

by SmithAmundsen LLC on

For a homeowners association, the answer to “What’s in a name?” may well be, “The identity of your neighborhood.” An association’s name and logo is often how we describe the place we live, and in a mixed-use community, it...more

Two Recent Trademark Decisions Provide Ammunition for Trademark Owners Who Receive Improper Specimen Refusals for Service Marks

by Fish & Richardson on

In the past few years, many trademark practitioners have noticed an increase in the number of rejections for trademark specimens – the documents that applicants submit to the United States Patent and Trademark Office (USPTO)...more

USPTO Pilots Program to Challenge Doctored Specimens

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) announced a new pilot program on March 6 to allow protests against specimens that have been digitally created, altered, or fabricated. ...more

Naming your Business, Naming your Baby

by Revision Legal on

As a trademark attorney I often try to come up with good ways to explain the intricacies of the law to my clients. Whenever I work with a new trademark client we discuss ideas for naming their business and potential problems...more

Intellectual Property: 3 Tips For Architects

by Revision Legal on

As an architect your designs combine creativity, technical skill, experience and your unique style. You provide your clients with a customized experience and your work product is one-of-a-kind. Whether you focus on...more

Q&A with Paul Rossler: Companies make common intellectual property mistakes

by GableGotwals on

Companies make common intellectual property mistakes - Q: What types of companies have intellectual property? A: Companies range from oil to education to software and everything in between. A 2016 study by the United...more

It’s Official — Trademarks are “FUCT”

It was only a matter of time. THE “GOOD OLD DAYS” BEFORE DISPARAGING, VULGAR AND SCANDALOUS TRADEMARKS For seventy years the United States Patent and Trademark Office (USPTO) refused to register marks that consisted of...more

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

EC draft withdrawal agreement: IP rights

by Dechert LLP on

The European Commission has produced a draft withdrawal agreement (the “Agreement”) chartering the path of the UK’s withdrawal from the EU. In the coming weeks, the Council of the European Union and the Brexit Steering Group...more

When Your Rebranding Gets “Stone”-Walled

Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair...more

Proposed Trademark Classes for Cannabis-Related Marks in Doubt as California Allows Registration under Existing Classes

by Wilson Elser on

One year after Wilson Elser published an article comprehensively exploring “California’s Bill to Add Marijuana Trademark and Service Mark Classifications” and other cannabis brand-protection alternatives, the referenced bill...more

USPTO Pilot Program Facilitates Third Party Notification Of TM Specimens Which Appear To Be Fabricated

by Ladas & Parry LLP on

The USPTO has launched a new pilot program as a means for third parties to lodge informal protests about applications with specimens that appear to be improper. This pilot program is the latest in a series of steps taken by...more

USPTO Launches Pilot Program Facilitating Third Party Notification About Digitally Altered Tm Specimens

by Ladas & Parry LLP on

The USPTO has launched a pilot program to make it easier for third parties to report trademark use specimens that appear to have been digitally altered, whether they do so before or during the opposition period....more

Laudatory Terms – Super Trademarks or Not Worth the Trouble?

by Dorsey & Whitney LLP on

Hello loyal TMCA readers – This is the first installment of what we hope to be an informative series of posts called Quirky Questions: TMCA Edition. Our labor and employment colleagues have a great blog, Quirky Questions,...more

Branding and Trademark Series: Building a Brand

The word “brand” has come to be used broadly as a business buzzword, and with good reason. A brand often is comprised of a company name or a product name - but it is much more than that. It is a projection and reflection of...more

Brunetti decision paves way for offensive (even obscene) trademarks

by McAfee & Taft on

Last July, in an article titled “Free speech legal battle changes law on disparaging trademarks,” we reported that the U.S. Supreme Court ruled in Matal v. Tam that the Lanham Act’s prohibition of disparaging marks was an...more

Creative Trademark Enforcement Part IV: Going “Olde” School

Over the past few years, we have seen numerous instances of companies protecting their trademarks in creative ways – approaches that leverage humor and the brands themselves in order to achieve an acceptable legal outcome...more

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

by Knobbe Martens on

Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

Maintenance and Renewal of U.S. Trademark Registrations

by Ladas & Parry LLP on

U.S. trademark registrations automatically lapse if they are not maintained or renewed at the appropriate times.  The registrant must, at a minimum, submit an affidavit of use (or excusable non-use) of the mark in U.S....more

Changes to Canadian Trademark Law, Eh?

Those of us with clients who do business in Canada have been watching with interest as Canada prepares to implement significant changes to its trademark laws. The new Trademarks Act (no more Trade-hyphen- marks!) was enacted...more

The Sweet Smell of Registration

Last year we took a whiff of Hasbro’s application to register the smell of its Play-Doh® for “toy modeling compounds.” We didn’t think the application was ripe for a functionality refusal, but a refusal on the ground of a...more

ICANN in California – 2018 McCarthy Symposium review

by Hogan Lovells on

We are delighted to have sponsored the eighth annual McCarthy Institute Trademark Symposium on February 23 in Sunnyvale, California. The one-day event, titled “Trademark Law and Its Challenges 2018” brought together over 200...more

Food & Beverage Litigation Update | February 2018 #3

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

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