News & Analysis as of

Corporate Counsel United States Patent and Trademark Office Trademarks

Troutman Pepper Locke

Beware of Scam Notices Targeting Trademark Applicants

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Scam notices are being sent to those who have filed trademark applications with the U.S. Patent and Trademark Office (USPTO) or already own a registered mark. The notices are designed to exploit publicly available...more

Fish & Richardson

No Space at the Trademark Office for US SPACE FORCE

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In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more

Herbert Smith Freehills Kramer

The Road Ahead: The USPTO Launches Five-Part Artificial Intelligence Strategy

The U.S. Patent and Trademark Office (USPTO) debuted its 2025 Artificial Intelligence Strategy (AI Strategy) policy on Jan. 14, 2025, outlining its vision for using and promoting the development of artificial intelligence...more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Developments in 2024 - and What to Expect in 2025

From potential legal challenges to Chinese biopharma supply chains, Europe’s new Unified Patent Court (UPC), landmark decisions in life sciences, pharma’s Orange Book listings, design patent rejections, and likely shifts at...more

Beacon Insights by JD Supra

The Year in Intellectual Property Law – 2024 Popular Reads on JD Supra

File under: a year-end recap of some of the most widely read IP updates, analysis, and guidance published on JD Supra throughout 2024....more

Womble Bond Dickinson

New Year, New Fee Schedule for Trademarks at the USPTO - Big Changes to Application Fees

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Our colleagues previously reported on the United States Patent and Trademark Office’s (USPTO) patent fee schedule for 2025, and we now take this opportunity to provide you with our insights on the USPTO trademark fee schedule...more

Womble Bond Dickinson

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

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As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more

Fox Rothschild LLP

USPTO Debuts New Trademark Search System

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On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a...more

Seyfarth Shaw LLP

Federal Circuit Overturns Fifty Years of TTAB Precedent

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The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a...more

Quarles & Brady LLP

Design Patents are Heating Up at the Federal Circuit, Again

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Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...more

Seyfarth Shaw LLP

Serving the USPTO Director in Actions Involving Non-US Companies: A Little-Known Provision of the Lanham Act

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There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC § 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without...more

Buckingham, Doolittle & Burroughs, LLC

If a Good is not a Good, then a Trademark is not a Trademark

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

McDermott Will & Schulte

PTO Introduces Trademark Decisions and Proceedings Search Tool

On February 17, 2023, the US Patent & Trademark Office (PTO) announced the launch of the new Trademark Decisions and Proceedings Search Tool. This tool allows users to filter and search expungement and reexamination...more

McDermott Will & Schulte

2023 IP Outlook: Developments in Trademark and Copyright Process and Procedure

Throughout 2022, the procedural rules of the US Patent and Trademark Office (PTO) and the newly formed Copyright Claims Board (CCB) underwent several developments. The PTO outlined a new administrative process for addressing...more

Polsinelli

100% That’s My Trademark: Common Terms Can Be Source Identifiers Under The Right Circumstances

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A trademark is any word, phrase, symbol, design, or combination of these things that identifies a single source for certain products or services. Trademarks identify the source of certain products or services, provide legal...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Fish & Richardson

USPTO Updates Deadline to Respond to Trademark Office Actions

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The United States Patent and Trademark Office (USPTO) has updated the deadline to respond to Office Actions for trademark applications. As of December 3, 2022, trademark applicants now have three months (instead of the...more

McDermott Will & Schulte

Court Uncorks New Way to Serve Trademark Complaints

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The US Court of Appeals for the Ninth Circuit concluded that Section 1051(e) of the Lanham Act permits a plaintiff in a district court case to serve a complaint against a foreign defendant via the Director of the US Patent &...more

Seyfarth Shaw LLP

The Five Biggest Mistakes the USPTO is Seeing in Expungement and Reexamination Petitions—and How to Avoid Making Them Yourself

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The U.S. Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. And although the Office has issued guidance...more

BakerHostetler

Important Changes in USPTO Trademark Practices to Take Effect on Dec. 3, 2022

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As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond...more

Dorsey & Whitney LLP

Blood May be Thicker than Water, but is it Thicker than Federal Trademark Rights? One Family’s Relationship Tested at the USPTO

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​​​​​​​Slovenian-born Luka Doncic became a professional basketball player at the young age of sixteen years old and the towering height of 6’7”. He quickly made a name for himself, leading his Spanish team Real Madrid to the...more

Faegre Drinker Biddle & Reath LLP

The Ohio State University’s Federal Trademark Registration for “THE” – Can They Do That?

Graduates of The Ohio State University (“Ohio State”) are familiar with fans and supporters (and sometimes, Michigan fans) placing an emphasis on the “THE” when saying the school’s name. But the United States Patent and...more

Holland & Knight LLP

Federal Circuit Court Denies "Lehman Brothers" Trademark for Whiskey

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The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more

McDermott Will & Schulte

It’s Not in the Bag: TTAB Refuses to Register Generic Handbag Design

Ending a hard-fought three-year campaign to secure registration of a popular handbag, the US Patent & Trademark Office (PTO) Trademark Trial & Appeal Board designated as precedential its decision refusing registration of the...more

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