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Trademarks › Ex Parte

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 +
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 would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Womble Bond Dickinson

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

Womble Bond Dickinson on

As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more

Sheppard Mullin Richter & Hampton LLP

How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois

Sheppard Mullin Richter & Hampton LLP on

In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against...more

Seyfarth Shaw LLP

Is That Really Appealing? – 2023 Affirmance Rates of the TTAB

Seyfarth Shaw LLP on

The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. ...more

Fenwick & West LLP

Expungement and Reexamination and Shorter Trademark Office Action Response Periods, Oh My!

Fenwick & West LLP on

Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain...more

Shutts & Bowen LLP

Implementation of the Trademark Modernization Act (TMA): What Trademark Owners Need to Know

Shutts & Bowen LLP on

Rebuttable Presumption of Irreparable Harm - The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or...more

Foley & Lardner LLP

A December to Remember: The Trademark Modernization Act Implemented on December 18, 2021

Foley & Lardner LLP on

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move...more

Harris Beach PLLC

New Procedures for Challenging Trademark Registrations at the U.S. Patent and Trademark Office

Harris Beach PLLC on

On December 18, two new procedures will be available for challenging U.S. trademark registrations. On that date, new regulations from the U.S. Patent and Trademark Office (USPTO) will take effect, as part of the USPTO’s...more

Faegre Drinker Biddle & Reath LLP

Trademark Modernization Act: Final Rules

Faegre Drinker Biddle & Reath LLP on

The USPTO recently issued its final rules to implement the Trademark Modernization Act, whose goal is to clear away unused registered marks and make the trademark registration process more efficient. Below, we highlight...more

McDermott Will & Emery

PTO Publishes Regulations to Implement Trademark Modernization Act

McDermott Will & Emery on

The US Patent and Trademark Office (PTO) recently published its final rules implementing provisions of the Trademark Modernization Act of 2020 (TMA). Most changes are effective as of December 18, 2021, but certain changes...more

Faegre Drinker Biddle & Reath LLP

Trademark Modernization Act of 2020: Part 3

Faegre Drinker Biddle & Reath LLP on

The new ex parte expungement and reexamination proceedings, introduced by the Trademark Modernization Act, are intended to be efficient ways of removing improper trademark registrations from the register. But will...more

Faegre Drinker Biddle & Reath LLP

Trademark Modernization Act of 2020: Part 1

Faegre Drinker Biddle & Reath LLP on

The Nuts and Bolts of Expungement and Reexamination - You may remember our blog post here, discussing the Trademark Modernization Act of 2020, which became law at the end of last year. To implement the Trademark...more

Fox Rothschild LLP

The Trademark Modernization Act Of 2020 Is Enacted

Fox Rothschild LLP on

Trademark Modernization Act of 2020 Signed Into Law- On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law. The Act makes substantive...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

McDermott Will & Emery on

On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

Lewitt Hackman

IP Gets “Modernized” In Stimulus Bill

Lewitt Hackman on

Embedded within the 5,600-page Consolidated Appropriations Act, 2021 – more commonly known as the $2.3 trillion Coronavirus Relief Stimulus Bill enacted on December 27, 2020 – are significant changes to federal trademark and...more

McNees Wallace & Nurick LLC

Consolidated Appropriations Act of 2021 Contains Significant Changes for IP Owners

McNees Wallace & Nurick LLC on

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA), which includes the Trademark Modernization Act of 2020 (TMA) amending various sections of the Lanham Act, and the...more

Buchalter

A “Stimulus” to “Modernize” Intellectual Property

Buchalter on

On December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021” into law. Most referred to this as the Coronavirus Relief Bill and thought that it only contained a stimulus package. However, within...more

ArentFox Schiff

The USPTO Put Its Foot Down on Registering Master Rancher

ArentFox Schiff on

Is a MASTER RANCHER also the RANCHMASTER? That is the question pondered by the TTAB in this ex parte appeal. The hardware store, True Value Company, despite owning numerous registrations for “MASTER-” formative marks, was...more

Fenwick & West LLP

Trademark Modernization Act: Congress to Combat Fraudulent Trademark Applications

Fenwick & West LLP on

A bipartisan, bicameral group of legislators in the U.S. Congress recently published a draft Trademark Modernization Act to reform the trademark application process and the remedies for trademark infringement. The draft TM...more

Shutts & Bowen LLP

Does the COVID Crisis Warrant Ex Parte Relief to Address Price Gouging under Trademark Theories?

Shutts & Bowen LLP on

3M, the well-known manufacturer of n95 masks, has filed a number of lawsuits throughout the country asserting trademark claims against defendants who are offering to sell to the government and others “3M” masks at extremely...more

Dorsey & Whitney LLP

DuPont Factors of Likely Confusion – Long Term Co-Existence Without Confusion Deserves Consideration by TTAB

Dorsey & Whitney LLP on

Recently, the Court of Appeals for the Federal Circuit vacated and remanded to the Trademark Trial and Appeal Board a decision on an ex parte appeal regarding a likelihood of confusion between the applicant’s mark GUILD...more

Hanzo

The Web as a Data Source: What We Can Learn From In Re Ex Parte Application of Levi Strauss & Co.

Hanzo on

The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery? People today live their lives in full view on the web, from social media and messaging apps to chatrooms...more

Knobbe Martens

In Re: Detroit Athletic Co.

Knobbe Martens on

Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Courts should not give too much weight to evidence purporting to show a lack of actual confusion...more

Foley Hoag LLP - Making Your Mark

Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade...

Foley Hoag LLP - Making Your Mark on

There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more

Akerman LLP - Marks, Works & Secrets

A Family Victory! Victory! Just Not for Little Caesars

Akerman LLP - Marks, Works & Secrets on

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412...more

McCarter & English, LLP

A Quick Look at the New Trademark Trial and Appeal Board Rules

McCarter & English, LLP on

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

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