News & Analysis as of

Food and Drug Administration (FDA) Trademark Trial and Appeal Board Trademark Registration

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Sunstein LLP

Sage Therapeutics Prevails in USPTO: Trademark Trial and Appeal Board Opposition to SAGEFORTH Mark

Sunstein LLP on

The USPTO Trademark Trial and Appeal Board issued a precedential decision on April 12, 2024, in favor of Sage Therapeutics, finding a likelihood of confusion between Sage’s SAGE CENTRAL mark and the mark SAGEFORTH, and...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - May 2023 #3

LEGISLATION, REGULATIONS & STANDARDS California Assembly Passes Food Additive - Bill The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium...more

Steptoe & Johnson PLLC

Trademark Protection for CBD Supplements

Steptoe & Johnson PLLC on

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law....more

Husch Blackwell LLP

The Trademark Trial And Appeal Board Rules U.S. Cheesemakers Can “Say, Gruyere!”

Husch Blackwell LLP on

A recent decision of the Trademark Trial and Appeal Board (“TTAB”) highlights the overlap between trademark law and food regulatory law as well as the United States’ and Europe’s different approaches to Geographic Indications...more

Dorsey & Whitney LLP

TTAB Weighs in on Registrability of CBD Trademarks

Dorsey & Whitney LLP on

In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2020 #2

USDA Accepting Comments on Organic Rule Amendments - The U.S. Department of Agriculture (USDA) is accepting comments on the Agricultural Marketing Service’s proposed amendments to organic regulations concerning oversight...more

ArentFox Schiff

TTAB: Hemp Oil Extracts Marketed as Dietary Supplements Are Ineligible for Trademark Registration

ArentFox Schiff on

The United States Trademark Trial and Appeal Board (TTAB) recently affirmed a refusal to register a trademark for “hemp oil extracts” when used as an ingredient in dietary supplements, finding that the applicant could not...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - AGs Submit Comment to FDA on Cannabis - A group of 38 state attorneys general have submitted a letter to the U.S. Food and Drug Administration (FDA) in response to the agency’s...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2017 #2

FDA Seeks Comment on Regulation Changes for "Meaningful Burden Reduction" - Implementing an executive order titled "Reducing Regulation and Controlling Regulatory Costs," the U.S. Food and Drug Administration (FDA) has...more

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