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TTAB Finds MEAT CANDY to be Too Sweet

In a recent (non-precedential) decision , the TTAB refused to register the mark MEAT CANDY as being merely descriptive of Applicant's restaurant services. To anyone who is not a meat connoisseur, a 2(e)(1) refusal seems to be...more

MarkIt to MarketTM - December 2015

The December issue of Sterne Kessler's MarkIt to Market TM newsletter discusses key takeaways as a result of a recent TTAB case in which a trademark was found to be laudatory, sends seasons greetings from the firm, and...more

How May We Help You? When is a Service Not a Service?

Brand owners seeking federal protection for their service marks from the U.S. Patent and Trademark Office ("USPTO") often struggle with how to define their services in the application. While the Trademark Act defines...more

The Who, What, and "Wares" of Wearable Technology - Protect Your Morphing Products

In years past, "wearable technology" was pretty much limited to wristwatches and miners' headlamps. Today, wearable technology is one of the fastest growing segments in the technology marketplace. Countless consumer products...more

Ch-Ch-Ch-Ch-Changes: USPTO Pilot Program on Changing Technology

As you may have heard, the USPTO has commenced a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations to account for evolving technology. Amendments...more

5 Steps to Protecting Your Shrinking Trademark

Wherever we look, trademarks are getting smaller. From app icons to college stickers on cars, brands are shrinking as the competition for consumers' attention grows more fierce. A few years ago, parents proudly displayed...more

Naked Consent: When Does Yes Mean No?

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

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more

Upcoming Changes in Canadian Trademark Law

Canada has amended its Trademark Law, and although the amended Law's effective date is not yet known, brand owners can expect three significant changes to Canadian trademark law practice. First, to U.S. brand owners...more

Hashtag Trademarks: #ItsAllAboutTheUse

Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign - #) as a way to both engage consumers and track social media posts regarding a specific product or topic. Not surprisingly, the...more

Changes in Russian Trademark Law

Brand owners interested in protecting their intellectual property in Russia should be aware of two recent important changes to Russian trademark law. A win for senior trademark rights holder: Publication of trademark...more

I Second that e-Motion: Protecting Motion Marks

Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more

MarkIt to MarketTM | April 2015

In This Issue: - I Second that e-Motion: Protecting Motion Marks - USPTO Begins Accepting International Design Applications - Attending INTA Annual Meeting - gTLD Sunrise Periods Now Open - Excerpt...more

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