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
As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more
6/19/2024
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
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