Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more
8/16/2024
/ Brand ,
Corporate Counsel ,
E-Commerce ,
Intellectual Property Protection ,
Retail Market ,
Service Marks ,
Trademark Application ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition
In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a...more
11/15/2023
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Lanham Act ,
Political Affiliation ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademarks ,
USPTO ,
Vidal v Elster
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more
6/21/2023
/ Certiorari ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
USPTO
Pursuant to the Trademark Modernization Act of 2020 (“TMA”), changes to certain procedural rules for ex parte trademark prosecution are now being implemented at the U.S. Patent and Trademark Office (“USPTO”). One of these...more
In a previous Legal Update, we discussed how COVID-19 would likely provide a basis for claiming excusable nonuse of a trademark. A related issue is whether a pandemic-related interruption in use of a trademark could delay the...more