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United States Patent and Trademark Office › Trademark Act

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 -
Wolf, Greenfield & Sacks, P.C.

Supreme Court Upholds Constitutionality of the Trademark Act’s “Names Clause” in Affirming Refusal to Register TRUMP TOO SMALL

Wolf, Greenfield & Sacks, P.C. on

Yesterday, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)), which prohibits registration of a mark that “[c]onsists of or...more

Vondran Legal

Proper grounds to cancel another companies trademark

Vondran Legal on

In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

AEON Law

Foreign Equivalents Doctrine May Not Apply to Trademarks that Combine English and Foreign Words

AEON Law on

The US Patent and Trademark Office’s (USPTO’S) Trademark Trial and Appeal Board has ruled that the “doctrine of foreign equivalents” is a guideline rather than an absolute rule and may not apply to trademarks that combine...more

McDermott Will & Emery

Hairy Situation: Trademark Act Doesn’t Provide Consumer Standing

McDermott Will & Emery on

The US Patent & Trademark Office Trademark Trial & Appeal Board found that a consumer did not have standing to oppose an application for registration because the consumer failed to establish a commercial interest and injury...more

Willcox & Savage

Application for Mark US SPACE FORCE Crashes at Trademark Board

Willcox & Savage on

An application to register US SPACE FORCE as a trademark crashed at the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (PTO) when the TTAB ruled that the mark caused a false suggestion of a...more

International Lawyers Network

Trademarking a Name and the Right of Publicity

International Lawyers Network on

Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office...more

Ballard Spahr LLP

Trademark Office Shortens Deadline to Respond to Office Actions

Ballard Spahr LLP on

The United States Patent and Trademark Office (USPTO) is amending the rules of practice in trademark cases to implement provisions of the Trademark Modernization Action of 2020 (TMA). Effective December 3, 2022, the period to...more

Faegre Drinker Biddle & Reath LLP

College T-shirts and Trademarks – Ornamental, or Protectable?

Faegre Drinker Biddle & Reath LLP on

As college freshmen head to campus for the start of classes, there is one vital campus bookstore purchase before classes begin: a T-shirt bearing the college’s logo. This purchase is not only a rite of passage for freshmen;...more

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

MarkIt to Market® - July 2022: How to Ensure Your Trade Dress Doesn't Go to Hell in a Handbasket

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

In a recent precedential1 opinion, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jasmin Larian, LLC’s handbag design mark for “handbags” in Class 18, on the grounds...more

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

MarkIt to Market® - July 2022

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

Thank you for reading the July 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a recent precedential TTAB decision regarding product configuration marks. We also highlight recent...more

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

MarkIt to Market® - September 2021: Watching the Pot™

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

Future Intentions Not Enough to Pave the Road to Registration - “Reduces pain,” “alleviates anxiety,” “improves sleep” – these are just some of the claims of the miraculous CBD. The surfeit of new CBD brands and products...more

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

MarkIt to Market® - September 2021

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

The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

International Lawyers Network

Can U.S. Trademark Registrations Be Cancelled for Non-Use?

International Lawyers Network on

Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of...more

Smith Gambrell Russell

Trademark and Copyright Implications of the Consolidated Appropriations Act, 2021

Smith Gambrell Russell on

On December 27, 2020, Congress passed the Consolidated Appropriations Act, which in addition to providing stimulus relief for the COVID pandemic, it includes important changes to trademark and copyright law. TRADEMARK...more

Chambliss, Bahner & Stophel, P.C.

Changes to Trademark Act Include New Procedure to Challenge Applications

Chambliss, Bahner & Stophel, P.C. on

On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill which includes the Trademark Modernization Act of 2020 (TMA). The TMA, which will become effective in one year,...more

Fox Rothschild LLP

PTO Offers Guidance Following The Decision In USPTO v. Booking.com

Fox Rothschild LLP on

Last month, the U.S. Patent and Trademark Office (PTO) issued a guidance document describing how they plan on following the Supreme Court’s recent decision in U.S. Patent and Trademark Office v. Booking.com. This document...more

Mintz - Trademark & Copyright Viewpoints

U.S. Trademark Office Issues Guide on How It Will Apply the Supreme Court’s Booking.com Decision to Examination of Relevant...

Mintz - Trademark & Copyright Viewpoints on

As we reported in our July 7, 2020 blog post on the USPTO v. Booking.com B.V decision, the U.S. Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like...more

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

MarkIt to Market® - September 2020: CB – Don'ts

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

Creativity abounds in the CBD industry – both in the wide variety of products infused with it, and in the efforts undergone by applicants trying to circumvent the Trademark Act to register per se unlawful CBD-infused...more

Dickinson Wright

Temporary Authority of Director of the USPTO During the COVID-19 Emergency

Dickinson Wright on

The U.S. Congress, as part of its Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed a measure giving the Director of the USPTO the authority to toll, waive, adjust, or modify any timing deadline under the...more

Fox Rothschild LLP

Excusable Nonuse Of A Trademark Due To Coronavirus

Fox Rothschild LLP on

With the closure of “non-essential” businesses throughout the country and the world, the use of trademarks on and in connection with products and services may be interrupted or altogether halted for a period of time. This...more

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

MarkIt to Market® - January 2020: That's Not My [Sur]name

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

In a non-precedential opinion issued this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jos. A. Magnus & Co., LLC’s mark MAGNUS for “whiskey, gin, and...more

Lowndes

CBD Trademarks Out of the Weeds

Lowndes on

The continuing internal tension between various agencies and offices of the U.S. federal government over how to address the (seemingly) unstoppable growth of the marijuana industry in light of current federal law has been a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Expedited Trademark Cancellation Proceedings at the USPTO

McDonnell Boehnen Hulbert & Berghoff LLP on

The U.S. Patent and Trademark Office (“USPTO”) currently offers a pilot program that provides parties the opportunity to engage in expedited non-use cancellation proceedings. Broadly speaking, cancellation proceedings allow...more

Fox Rothschild LLP

Getting Rich Covfefe

Fox Rothschild LLP on

We live in an era where news, information, and trends move very quickly. Words, phrases, or ideas that were obscure or non-existent yesterday can be the top trending story tomorrow. These overnight trends are now routinely...more

Knobbe Martens

New USPTO Specimen Pilot Program

Knobbe Martens on

On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more

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