News & Analysis as of September 20, 2024

Trademarks › Disclaimers

+ Follow

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Should Disclaimers Always Be Made in U.S. Trademark Applications?

International Lawyers Network on 4/4/2024

Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your...more

Zero Hero: Disclaiming Disputed Term Renders Dispute Moot

McDermott Will & Emery on 4/15/2021

The Trademark Trial & Appeal Board redesignated as precedential a decision dismissing a beverage company’s opposition to trademarks using the term “ZERO” for zero-calorie drinks after the trademark applicant disclaimed the...more

MarkIt to Market® - May 2020: One of These Things is Not Like the Other: Limiting Disclaimers Within Classes of Services

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/2/2020

In a precedential decision earlier this month, the TTAB found that a disclaimer of a term is required as to all services in a Class if it is descriptive as to any services in that Class. This decision appears to contravene...more

Fighting for a Strong Mark by Resisting a Disclaimer Request: Short-Term Pain for Long-Term Gain - Intellectual Property News

Bradley Arant Boult Cummings LLP on 2/20/2019

A strong brand is central to a successful food, beverage, hospitality, or retail business. Knowing this, you make every effort to choose a strong trademark and take all steps necessary to protect it, including retaining an...more

Peering over the neighbours’ fence: key differences in trademark laws between Canada and the U.S.

Smart & Biggar on 6/1/2018

As trade talks between Canada and the United States dominate the headlines, it is hard to ignore the strong economic ties between these neighbouring nations. For example, the total volume of goods exported from the U.S. in to...more

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

McDermott Will & Emery on 10/8/2015

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

Significance of Disclaimers in U.S. Trademark Law

Ladas & Parry LLP on 10/14/2014

In United States trademark applications, it is not uncommon for an Examining Attorney to issue a disclaimer requirement for descriptive portions of a mark. Disclaimers have particular significance in three steps of the...more

Intellectual Property Bulletin - Fall 2012

Fenwick & West LLP on 12/20/2012

In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments ...more

8 Results

View per page

Page: of 1

Trademarks › Disclaimers

"My best business intelligence, in one easy email…"