Trademarks, Consent Agreements

MarkIt to Market® -The Emperor Has No…Agreement? The USPTO’s Recent Update on “Clothed” Consent Agreements

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/22/2023

As any good trademark practitioner knows, a “naked” consent agreement is one in which one party provides consent to the registration of another party’s mark without an explanation of why confusion is unlikely, or what the...more

MarkIt to Market® - December 2023

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/22/2023

Thank you for reading the December 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the USPTO's new guidance on "clothed" consent agreements, three ways to protect your identify and avoid...more

Does the Letter of Consent Still Work?

Linda Liu & Partners on 7/1/2022

One day in the second half of 2021, the author attended the second-instance trial of an administration litigation for a refusal appeal as the attorney of the applicant of the disputed mark, and was informed by the litigation...more

THE Ohio State Trademark Registration: Ornamental Features & Consent Agreements

Lewis Roca on 6/27/2022

On June 21, 2022, The Ohio State University (OSU) obtained a federal trademark registration (U.S. Reg. No. 6,763,118) for the standard character mark THE for “t-shirts, baseball caps, and hats; all of the foregoing being...more

Food and Beverage Law Update: December 2018

Holland & Knight LLP on 12/24/2018

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

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

Dorsey & Whitney LLP on 11/27/2017

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

Beyond Mere Consent: It's All in the Details

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/10/2017

Consent agreements - in which a prior U.S. Patent and Trademark Office (USPTO) rights-holder provides consent to registration of a later-filed trademark - can be an efficient path to registration in situations where the...more

MarkIt to Market® | September 2017

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/7/2017

The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. ...more

Trademark Review | March 2016

Knobbe Martens on 3/28/2016

TTAB Finds a Consent Agreement Failed to Tip the Balance - Bay State Brewing Company’s intent-to-use application to register the mark TIME TRAVELER BLONDE for beer was rejected based on the previously registered mark...more

TTAB Finds That Coexistence Agreement Does Not Support Coexistence

Akerman LLP - Marks, Works & Secrets on 3/4/2016

In a decision bound to impact trademark prosecution practice in the future, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) recently found that a consent agreement between a...more

Naked Consent: When Does Yes Mean No?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/9/2015

Consent agreements - in which a prior U.S. Patent and Trademark Office (USPTO) rights-holder provides consent to registration of a later-filed trademark - can be an efficient path to registration in situations where the...more

MarkIt to Market - August 2015

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/8/2015

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses consent agreements and how to avoid naked consent, suggests 5 steps for protecting shrinking trademarks, and provides an updated list of the Sunrise...more

Trademarks › Consent Agreements

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