Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals...more
On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more
A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at...more
In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the burden of showing non-use of such marks on...more
For the full background, see our prior article, Can The Parody Defense Protect Against Trademark Infringement When The Use Is Commercial In Nature? ...more
7/6/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Not every unauthorized use of a trademark is infringing, one such example is when a mark is used as a parody. Generally, parody is an imitation of another done for comic relief or to ridicule....more
In a precedential decision, the Federal Circuit contemplated whether a trademark applicant can establish priority for every good and service in its application by showing priority through tacking for only one of those listed...more
The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more
I. Introduction -
On January 5, 2022, the United States Patent & Trademark Office (the “USPTO”) published a Notice to the Federal Register detailing a new administrative process established by the Commissioner of...more
On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the “TMA”). The United States Patent & Trademark Office (the “USPTO”) recently promulgated rules implementing the TMA, which, in large part, took...more
On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark...more
Is it here? Not yet. But virtual performances featuring such stars as Travis Scott and Ariana Grande and attracting over 27 million unique players and 78 million viewers, respectively, suggest that it might be coming sooner...more
11/2/2021
/ Advertising ,
Augmented Reality ,
Blockchain ,
Corporate Branding ,
E-Commerce ,
Facebook ,
NASCAR ,
Service Marks ,
Social Media ,
Trademarks ,
USPTO ,
Video Games ,
Virtual Reality
On September 17, 2021, in Beasley v. Howard, 14 F.4th 226 (3d Cir. 2021), the Third Circuit joined the Second and Ninth Circuits in ruling that prior trademark cancellation actions in front of the Trademark Trial and Appeal...more
In a January 8, 2021 decision affirming the United States Patent and Trademark Office Trademark Trial and Appeal Board’s (the “Board’s”) dismissal of appellant QuikTrip West, Inc.’s (“QuikTrip’s”) opposition to Weigel Stores,...more
COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more
1/8/2021
/ Copyright ,
Coronavirus/COVID-19 ,
Corporate Branding ,
Countervailing Duties ,
Customs and Border Protection ,
Distributors ,
E-Commerce ,
Gray Market Goods ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
IP License ,
Popular ,
Section 337 ,
Supply Chain ,
Tariffs ,
Trademark Infringement ,
Trademarks ,
U.S. Commerce Department
The USPTO has published the final rule in the Federal Register establishing fee increases for electronic filings related to Trademark applications and proceedings. The changes, which go into effect on January 2, 2021, are...more
With the technological advancements being developed by artificial intelligence (“AI”), a branch of computer science wherein computers and other machines simulate human intelligence processes, AI will provide an avenue for...more
On June 30th, the U.S. Supreme Court affirmed the Fourth Circuit’s decision in an 8-1 decision, rejecting the U.S. Patent and Trademark Office’s (PTO) contention that the term “Booking.com” is generic and thus ineligible for...more
7/2/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
In some jurisdictions, the local trademark offices will require an owner to record trademark licenses used by entities other than the registered owner. ...more
On June 15, 2020, the United States Patent and Trademark Office (“USPTO”) announced a new COVID-19 prioritized examination program for trademark and service mark applications relating to goods and services useful for...more
As the world is in the midst of the COVID-19 pandemic, intellectual property owners have expressed concern over the submission of documents to intellectual property offices and the effects the pandemic may have on pending...more
4/6/2020
/ Canadian Intellectual Property Office (CIPO) ,
CARES Act ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Intellectual Property Protection ,
Mexican Patent and Trademark Office (IMPI) ,
Patent Trial and Appeal Board ,
Patents ,
Relief Measures ,
Teleconferences ,
Time Extensions ,
Trademarks ,
UK Intellectual Property Office (UK IPO) ,
USPTO ,
Videoconference
This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....more
3/5/2020
/ Amended Rules ,
Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Corporate Branding ,
Decriminalization of Marijuana ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Exports ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Trademark ,
Hemp ,
Hemp Cultivation ,
Imports ,
Intellectual Property Protection ,
Marijuana ,
Marketing ,
Medical Marijuana ,
Member State ,
Mexico ,
Multinationals ,
Recreational Use ,
Trade Restrictions ,
Trademark Registration ,
Trademarks ,
Trademarks Act ,
United States ,
USDA ,
USPTO ,
Warning Labels
On February 15, 2020, a rule change went into effect requiring trademark Applicants and Registrants to list a working email address at the USPTO.
As originally written, the rule stated that the email address must be owned...more
On August 28, 2019, the United States Patent and Trademark Office (“USPTO”) announced proposed changes to increase fees for a number of trademark-related matters. The new fee schedule will go into effect in August 2020, if...more
Beginning on February 15, 2020, with very few exceptions, submissions before the US trademark office will be required to be filed digitally.
Also included in the rule changes and among the most significant change,...more
2/11/2020
/ Amended Rules ,
China ,
Electronic Filing ,
Filing Requirements ,
Foreign Trademark ,
New Guidance ,
Trademark Application ,
Trademark Registration ,
Trademark Specimen ,
Trademarks ,
USPTO