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United States Patent and Trademark Office Trademarks

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 -

IP+T Intelligence Newsletter - December 2017

by Robinson & Cole LLP on

If you own trademark registrations in the United States, you are required to make certain filings with the U.S. Patent and Trademark Office (PTO) to keep your trademark registration(s) alive. In particular, prior to the sixth...more

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

Beer Brand Battles: David Takes on City Hall (with Goliath on the sidelines)

by Winthrop & Weinstine, P.A. on

The City of Portland is known as a hub for craft beer, and its local government couldn’t be prouder. The Travel Portland website proudly proclaims that Portland is “home to more breweries than any other city on earth.” Yet...more

Win or Lose, Trademark Applicants Must Pay USPTO’s Attorney Fees in District Court Appeals, Says Eastern District of Virginia

On October 26, 2017, the Eastern District of Virginia became the latest court to weigh in on the USPTO’s position regarding whether trademark applicants who appeal adverse TTAB decisions directly to a district court for de...more

What is Contributory Trademark Infringement?

by Revision Legal on

How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark...more

Ready to Release a New Pharmaceutical? What to Think About When Selecting Your Drug Name

by Foley & Lardner LLP on

Pharmaceutical name clearance in the United States can be complicated. This post aims to provide insight into the regulatory safety review process and the trademark registration process for candidate drug names. This...more

Which Trademark Came First, BUTTERBALL Turkey Or BUTTERBALL Ham?

We used to have a Thanksgiving turkey tradition at the Trademark and Copyright Law Blog. Just before every fourth Thursday of November, we’d type in our LEXIS NEXIS password and find a judicial opinion from a turkey trademark...more

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

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