News & Analysis as of

Trademark Application

DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

Smart & Biggar

Protecting your brand: best practices for trademark record keeping in Canada

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While all brand owners desire to protect their trademarks, many do not regularly create or maintain detailed records of their use of their marks. A best practice that may pay dividends for your business, and help to protect...more

Knobbe Martens

Sunkist Squeezes Out a Win and Kisses Kist Goodbye!

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SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. - Before Prost, Taranto, and Stark.  Appeal from the Trademark Trial and Appeal Board. The TTAB incorrectly found that similar trademarks created distinct commercial...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

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From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more

Weintraub Tobin

The Briefing: Trademark Basics - Protecting Names, Logos, and Brands in Entertainment

Weintraub Tobin on

From movie titles to podcast logos, trademarks are everywhere in the entertainment industry. But how do you get one—and what does it actually protect? Weintraub attorneys Scott Hervey and Richard Buckley talk about the...more

Walkers

Navigating Bermuda's new Trade Marks Act: What you need to know

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Bermuda's new trade mark legislation has come largely into effect, significantly modernising Bermuda's existing trade mark laws. The law introduces a new broader definition of "trade mark", providing scope for a wider...more

McDermott Will & Schulte

Kissing cousins? SUNKIST and KIST deemed confusingly similar

The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision, concluding that there was a likelihood of confusion between the marks KIST and SUNKIST when used in connection with soft...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Doubles Down on Trademark Security – Is Your Email Current?

As part of its ongoing effort to stop scammers from third-party trademark applications and registrations, the USPTO has enhanced security of the Change Address or Representation (CAR) forms by adding authorization...more

Cranfill Sumner LLP

The Strategic Value of Trademark Search Before Brand Adoption and USPTO Application

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In the competitive landscape of branding and intellectual property, conducting a trademark search before adopting a brand name or filing a trademark application is not just best practice—it’s strategically necessary. This...more

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

Ladas & Parry LLP

Federal Circuit: it’s not easy being green for colour marks

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Legal updates: case law analysis and intelligence - - The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic - The Federal Circuit...more

Roetzel & Andress

Trademark First: The Gateway to Amazon Brand Registry

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Amazon is the biggest third-party online marketplace in the United States and a go-to platform for numerous businesses. However, to get the most out of selling on Amazon, it is essential to join the Amazon Brand Registry....more

Jaburg Wilk

Common Trademark Mistakes (And How to Avoid Them)

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Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more

Smart & Biggar

CIPO announces end to accelerated trademark examination, upcoming changes to pre-approved terms, and anticipated nine-month wait...

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On July 16, 2025, the Canadian Intellectual Property Office (CIPO) announced new practices related to trademark examination and the acceptance of recommendations for pre-approved goods and services....more

Jaburg Wilk

The Trademark Registration Process: Step-by-Step Guide

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Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for...more

Katten Muchin Rosenman LLP

Key Changes for UK Trade Mark Applicants: UKIPO's Updated Guidance Post-SkyKick

The UK Intellectual Property Office (UKIPO) has issued updated statutory guidance for UK trade mark applicants following the seminal UK Supreme Court decision in Sky v SkyKick1 (the SkyKick Decision). This guidance, detailed...more

Proskauer Rose LLP

Three Point Shot - June 2025

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Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

Knobbe Martens

The Federal Circuit Grounds US SPACE FORCE Trademark Application

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IN RE THOMAS D. FOSTER, APC, - Before Moore, Prost, and Stoll. Appeal from the United States Patent and Trademark Office. Section 2(a) of the Lanham Act bars registration of a pending application for a mark that falsely...more

Seyfarth Shaw LLP

Boxing Out Competitors: WNBA Star Angel Reese’s Growing Trademark Portfolio

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Angel Reese—the former LSU basketball superstar who now plays for the Chicago Sky in the WNBA—made headlines recently when she filed an application to register MEBOUNDS as a trademark for clothing and related items (Serial...more

Fish & Richardson

Trademark Application for French “Clothing” Unravels at the Federal Circuit

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The Court of Appeals for the Federal Circuit recently affirmed a denial by the U.S. Trademark Trial and Appeal Board (TTAB) of an application filed by fashion house Vetements Group AG for VETEMENTS for various articles of...more

Holland & Knight LLP

Toss it in the Trash, Part 2: Recognizing and Combating Trademark Scams

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Holland & Knight's Intellectual Property Group has previously reported about scams being emailed to clients claiming that if the client does not immediately act, someone else may take control of their trademark. This is one...more

Knobbe Martens

Coloring Within the Lines: The Genericness Test for Color Trademarks

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IN RE: PT MEDISAFE TECHNOLOGIES - Before Prost, Clevenger, and Stark. Appeal from the Trademark Trial and Appeal Board. A proposed color mark was found generic where the relevant public perceived the color to be a common...more

Fish & Richardson

Lack of Bona Fide Intent to Use Sends Alcohol Trademark Application Down the Drain

Fish & Richardson on

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) upheld an opposition by Tequila Cuadra S. de RL de CV (“Tequila Cuadra”) and denied an application filed by Manufacturera de Botas Cuadra,...more

Knobbe Martens

Not Lost in Translation: Federal Circuit Clarifies Application of the Doctrine of Foreign Equivalents

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IN RE: VETEMENTS GROUP AG - Before Prost, Wallach, and Chen. Appeal from the Trademark Trial and Appeal Board. A party opposing application of the doctrine of foreign equivalents has the burden to show that the ordinary...more

Smart & Biggar

What the Canuck?! Understanding scandalous, obscene and immoral marks in Canada

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“Scandalous, obscene or immoral” trademarks are not only unregistrable in Canada, but they are also unlawful to adopt in connection with a business “as a trademark or otherwise.” While similar prohibitions have been deemed...more

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