In June 2020, the U.S. Supreme Court rejected a rule that the combination of a generic term and a generic top-level domain (“gTLD”) is per se generic. See USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020) (“Booking.com”). In...more
The Federal Circuit Court of Appeals (CAFC) recently held that “color marks” (i.e., trademarks consisting solely of one or more colors without words or designs) can be inherently distinctive, vacating a 2018 Trademark Trial...more
In a recent precedential opinion, the United States Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) ruled that a trademark consisting of multiple colors, as applied to product packaging, cannot...more
In the past few years, many trademark practitioners have noticed an increase in the number of rejections for trademark specimens – the documents that applicants submit to the United States Patent and Trademark Office (USPTO)...more