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Trademarks United States Patent and Trademark Office

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 -

Technology Evolution in the Media Industry Supported by Pilot Program Allowing U.S. Trademark Registrations to be Updated

by Ladas & Parry LLP on

Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and...more

LegalZoom vs. A Lawyer For Protecting Intellectual Property

by Fraser Trebilcock on

You have already taken a step in the right direction by knowing that you need to protect your invention, brand or other original works with a patent, trademark, or copyright, respectively. But, what are the most cost...more

TTAB rejects SINFUL ZINFANDEL as confusable with ZINFUL

I’m back from maternity leave and back “off the wagon”, so to speak, with a post about one of my favorite beverages – red zinfandel. The USPTO recently refused registration of the mark SINFUL ZINFANDEL for wine citing...more

Intellectual Property Bulletin - Fall 2017

by Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Branding Stories Around The Lack of Memory

I’ve been meaning to write about a TV commercial for a while, but I keep forgetting to do it. Perhaps I need the very product being advertised in the commercial, because what gained my attention was the clever tagline...more

Winter is Coming – and the PTO Will Be Pruning the Deadwood Out of Trademark Registrations

by Baker Donelson on

The U.S. Patent and Trademark Office has a new random audit procedure for trademarks aimed at removing deadwood from the Register. Trademark owners seeking to register marks in the U.S. Patent and Trademark Office (PTO)...more

Trick or Treat? “Zombie” Trademarks Can Be Frightening

by Bowditch & Dewey on

Coming up with unique beer names can be a frightening prospect. With so many brewers cranking out so many outstanding beers, it can sometimes seem like all of the best names are already taken. Brewers can let out shrieks of...more

Intellectual Property Misconceptions Debunked

by Snell & Wilmer on

Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below. (1) Ideas Cannot Be Patented. Only inventions can be patented. The legal...more

Intent to Use Trademark Applications: 7 Factors to Consider

by Revision Legal on

As we discussed, section 1(b) of the Lanham Act allows a person to file a trademark application prior to using the mark in commerce. 15 U.S.C. § 1051(b)(1). To do so, an applicant must have a bona fide intent to use the...more

7 Lessons in Trademarks: Smashburger/In-N-Out Burger Battle Royale

by Revision Legal on

According to recent news reports, fast-food hamburger chain, In-N-Out Burger (“In-N-Out”) has filed a federal lawsuit alleging trademark infringement against Smashburger, another fast-food hamburger chain. The trademark fight...more

Trademarking a Scent: Hasbro Not Succeeding Yet

by Revision Legal on

It was reported back in March 2017 that Hasbro, Inc., submitted an application to trademark the distinctive scent of Play-Doh, the Hasbro-owned toy modeling clay that we all probably remember playing with as children. Hasbro...more

Some Subtle Stories Make Great Trademarks

by Winthrop & Weinstine, P.A. on

One of my passions is to find common and favorable ground between legal and marketing types. One of the readings during week three of Seth Godin’s intensive altMBA workshop reminded me of a great example to illustrate how...more

WINTER IS COMING… and the PTO Will Be Pruning Your Deadwood!

by Baker Donelson on

The U.S. Patent and Trademark Office has a new random audit procedure for trademarks aimed at removing deadwood from the Register. The random audit is the result of a multi-year pilot program launched in 2012 to assess the...more

Is It Five O’Clock (or 1700 Hours) Somewhere?

by Winthrop & Weinstine, P.A. on

You’re probably familiar with the song “It’s Five O’Clock Somewhere” by Jimmy Buffet and Alan Jackson. It was the number one country single of the year back in 2003. A few years later, Jimmy Buffet submitted several trademark...more

Beyond Mere Consent: It's All in the Details

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

Legal Issues Within The Beverage Industry

Jeff Stover, an intellectual property attorney with Haynsworth Sinkler Boyd, recently spoke at BevCon Charleston, a conference solely focused on the beverage industry. While most of us see the fun side of the beverage...more

Supreme Court Corner Q3 2017

by DLA Piper on

MATAL V. TAM - Simon Shiao Tam leads a dance-rock band and sought to trademark the band's name: The Slants. The Trademark Trial and Appeal Board (TTAB) upheld the PTO's decision not to register the mark under § 2(a),...more

Spotlight on Upcoming Oral Arguments – October 2017

The Federal Circuit hits the road this week, hearing oral arguments in New York City, including at the Court of International Trade, NYU Law School, and Columbia Law School. This appeal arises from a Western District of...more

5 Reasons for Trademark Refusal

by Revision Legal on

The US Patent and Trademark Office will not register a trademark unless it functions as a mark (see 15 U.S.C. §§1051, 1052, 1053, 1127). To do so, the mark must serve as an indicator of the source of the goods, identifying...more

Following The Earnhardt’s Race To the Courtroom, USPTO Raises the Bar on Surnames

by Dorsey & Whitney LLP on

Last month we reported on the Federal Circuit decision in Earnhardt v. Earnhardt, vacating and remanding the TTAB’s dismissal of the opposition by Teresa Earnhardt (widow of Dale Earnhardt) to the “Earnhardt Collection”...more

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment....more

Don’t Fall for a Scam: Trademark Owners Targeted

by Womble Bond Dickinson on

Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners...more

A History Of GOLDEN GATE Trademarks For Alcoholic Beverages

In celebration of the Intellectual Property Owners Association’s Annual Meeting, currently underway in San Francisco, we offer a brief tour through some GOLDEN GATE-themed trademarks. As a prominent feature of San...more

Booking it to the District Court

by Dorsey & Whitney LLP on

A recent decision out of the federal district court for the Eastern District of Virginia overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable on the basis that the...more

How Coexistence Agreements Work

by Revision Legal on

In trademark law, coexistence agreements are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations. For example, the two owners might agree that their respective goods or services...more

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