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United States Patent and Trademark Office Inherently Distinctive

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

AEON Law

Patent Poetry: Trademark Denied for “ChatGPT”

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The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a...more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Whitcomb Selinsky, PC

Apple Inc. Earns Unique Trademark Intellectual Property

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Apple, Inc. presents a host of interesting case studies for anyone involved in international business, particularly in the area of international intellectual property law. Anyone that’s read Walter Isaacson’s book on Steve...more

Kohrman Jackson & Krantz LLP

The Ohio State University Wins the War

By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more

Snell & Wilmer

Trade Dress: What It Is and How to Protect It

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I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more

McDermott Will & Emery

Injunctive Relief Available Even Where Laches Bars Trademark Infringement, Unfair Competition Damage Claims

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The US Court of Appeals for the 11th Circuit affirmed a district court’s conclusion that laches barred an advertising and marketing company’s claims for monetary damages for trademark infringement and unfair competition, but...more

Manatt, Phelps & Phillips, LLP

Functional Chicken Feeder Design Held Not Eligible for Trade Dress Protection

In CTB Inc. v. Hog Slat, Inc., the U.S. Court of Appeals, Fourth Circuit, found that a chicken feeder design was not eligible for trade dress protection because it improved the way the feeders worked. It was therefore...more

McDermott Will & Emery

Federal Circuit Confirms Color Marks of Certain “Character” Can Be Inherently Distinctive for Product Packaging

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Reviewing a decision from the United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board, the Federal Circuit vacated and remanded the Board’s refusal to register a trademark consisting of a gradient...more

Morgan Lewis

Federal Circuit: Color Marks for Product Packaging Can Be Inherently Distinctive

Morgan Lewis on

Marking a significant departure from Trademark Manual of Examining Procedure guidelines, the US Court of Appeals for the Federal Circuit overturned an administrative decision by the Trademark Trial and Appeal Board that had...more

Dorsey & Whitney LLP

TiVo Proves More than 15 Minutes of Fame to Succeed on Trademark Dilution Claim

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Andy Warhol once famously commented that “In the future everybody will be world famous for fifteen minutes.” For trademarks, fifteen minutes of fame is not sufficient to assert a trademark dilution claim. ...more

Jaburg Wilk

What’s in a Name? Trademark Strength in the Blockchain Space

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Following the recent investment frenzy in crypto-currencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector...more

Dorsey & Whitney LLP

Laudatory Terms – Super Trademarks or Not Worth the Trouble?

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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

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In both HTC v. Cellular and Microsoft v. Biscotti, the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp, the Circuit vacates summary judgment in...more

Chambliss, Bahner & Stophel, P.C.

Intellectual Property Law Series: Common Trademark Pitfalls Even the Pros Make

We’ve all heard of trademarks. But, what exactly do they do? And how do you select your trademarks, protect them, and then properly use them in commerce?...more

Dorsey & Whitney LLP

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

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Have Sense About Scents

In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more

Ladas & Parry LLP

Acquired Distinctiveness of Trademarks in the United States

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Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to...more

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