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Catalogs as Specimens Showing Use in Commerce

As U.S trademark owners know, the U.S. is unique among jurisdictions in that those who wish to federally register their marks are required to show that they are using a mark “in commerce” in connection with the goods/services...more

Contests – Check Rules Before Offering!

Contests can be a great way to engage consumers and create publicity for your business, and social media makes it easier than ever to promote a contest to a broad audience. However, there is more to setting up a successful...more

Scammers Still Be Scamming

Based on the volume of scam letters and email sent to us by our clients, trademark and domain name scams continue unabated in 2014. In fact, if anything, these scams have increased in volume and creativity. Remember to look...more

Proposed Changes to Canada's Trade-marks Act

Not to be upstaged by China, who recently proposed changes to its Trademark Law, the Government of Canada proposed substantial changes to its Trade-marks Act on March 28, 2014. Several of these changes were proposed to align...more

Supreme Court Establishes a New Test for False Advertising Standing Under Lanham Act

On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. ...more

5/1/2014  /  Domain Names , gTLD , ICANN , Sunrise Periods

R-E-S-P-E-C-T Those Rights of Publicity

Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

MarkIt to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

Mark It to Market - February 2014

In This Issue: - Service Marks Must be Used in Rendering of Services, Not Just Advertising - Generic Top Level Domains – Current Sunrise Periods Open - The February issue of Sterne Kessler's Mark It to MarketTM...more

Mark It to Market - January 2014

In This Issue: - How to Use the OLYMPICS/Rings, SUPER BOWL, and MARCH MADNESS Trademarks (Hint: Not Without Permission!) - Trademark Clearinghouse Registrations - Change to the D.O.T. Rule - Generic Top Level Domains...more

Trademark Highlights from the IPO’s 2013 IP Record

While economists often look to patent activity as an indicator of economic health, trademark application and registration statistics can also reflect innovation, business development, and overall industry activity. The...more

The Trademark Registration Process in The United States

In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are...more

3/1/2013  /  Registration , Trademarks , USPTO
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