It’s happened to the best of us -- the United States Patent and Trademark Office ("PTO") suspends action on an application based on a potential likelihood of confusion with a prior filed/pending application, essentially...more
The Supreme Court’s June 19, 2017 decision in the Matal v. Tam case has been burning-up the news wires all week. The decision struck down a 70-year-old ban on federally registering disparaging trademarks, finding that the...more
7/5/2017
/ Brand Registry ,
Disparagement ,
First Amendment ,
Free Speech ,
Matal v Tam ,
SCOTUS ,
Trademark Act ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
The June 2017 issue of Sterne Kessler's MarkIt to Market® discusses bad word brands, strategies for dealing with trademark office suspensions, and lists the new gTLD Sunrise periods.
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The May 2017 issue of Sterne Kessler's MarkIt to Market® discusses social media influencers' disclosure of material connections, business transfer clauses, and lists the new gTLD Sunrise periods.
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6/8/2017
/ Advertising ,
Business Transfer Agreements ,
Customer Information ,
Disclosure Requirements ,
Domain Names ,
Endorsements ,
Federal Trade Commission (FTC) ,
gTLD ,
Influencers ,
Social Media ,
Sponsors ,
Sunrise Periods ,
Trademarks
The April 2017 issue of Sterne Kessler's MarkIt to Market® discusses navigating the lifecycle of an eponymous brand and lists the new gTLD Sunrise periods.
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The March 2017 issue of Sterne Kessler's MarkIt to Market® discusses using building signage to support service mark registration, navigating the lifecycle of an eponymous brand, and lists the new gTLD Sunrise periods.
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The February 2017 issue of Sterne Kessler's MarkIt to
Market® discusses navigating the lifecyle of an eponymous
brand and lists the new gTLD Sunrise periods.
...more
The January 2017 issue of Sterne Kessler's MarkIt to Market® includes an overview of the TTAB's recent surname decisions, the changes made by the USPTO to their trademark processing and services fees, and lists the new gTLD...more
The December 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for businesses trying to kick-start the year with an annual year-end trademark audit and lists the new gTLD Sunrise periods.
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The October 2016 issue of Sterne Kessler's MarkIt to Market® newsletter provides an update on the Redskins trademark case, discusses a recent TTAB ruling regarding ownership of families of marks, and announces the new gTLD...more
11/2/2016
/ Appeals ,
Disparagement ,
Domain Names ,
Federal Trademark Register ,
gTLD ,
Lanham Act ,
Petition for Writ of Certiorari ,
Redskins ,
Sunrise Periods ,
Trademark Infringement ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Last month, Federal Express announced that all of its logos moving forward would use the brand's recognizable purple and orange color scheme. Before this change, each division of the company used different colors paired with...more
The September 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses protecting color as part of brand identity, and announces the new gTLD sunrise periods.
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In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more
The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities.
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9/2/2016
/ Advertising ,
Brand ,
Domain Names ,
Federal Trade Commission (FTC) ,
gTLD ,
ICANN ,
Made in the USA ,
Marketing ,
Olympics ,
Product Labels ,
Sunrise Periods ,
Textiles ,
Trademarks ,
Uniforms
The July 2016 issue of Sterne Kessler's Mark It to MarketTM newsletter discusses an upcoming SCOTUS design patent case, In One Nation Enterprises and stylization of a descriptive term, and currently open gTLD Sunrise...more
When you create a social media profile on a platform such as Twitter, and engage with other Twitter users, are you creating your own online community? This question was at the heart of the TTAB's recent precedential decision...more
For use-based trademark applications filed under §1(a) of the Trademark Act, 15 U.S.C. §1051(a), applicants must submit the application along with one specimen per Class showing use of the mark for the covered goods and...more
The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes...more
Brexit - What You Need to Know Today -
1. No immediate change: The UK's vote last week to leave the EU after 43 years marks the beginning of a legal procedure whereby the UK may start the formal process of withdrawing...more
6/27/2016
/ Community Designs ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
Referendum Votes ,
Referendums ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit
On April 30, 2016, the USPTO issued the April 2016 Trademark Manual of Examining Procedure ("TMEP"), the latest update to the go-to resource for how to prosecute applications to register trademarks with the USPTO.
This...more
The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods.
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When deciding how to describe goods and services in a trademark application, applicants often err on one side of two extremes:
1. they either describe their goods/services very specifically, which may help circumvent...more
The April 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses (1) the evolving nature of the USPTO's U.S. Acceptable Identification of Goods and Services Manual, and how to use this document to craft better...more
When IKEA opened its first store in Indonesia in late 2014, it wasn't the only IKEA in town. Indonesian furniture company PT Ratania Khatulistiwa registered its IKEA mark (presumably an acronym for Intan Khatulistiwa Esa...more
The March issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use requirements of which trademark owners should be aware before undertaking a foreign filing program, and currently open gTLD sunrise...more