News & Analysis as of

Trademark Examination Trademark Registration Trademark Trial and Appeal Board

Clark Hill PLC

Worried your trademark might be commercially and conceptually weak? Recent opinions by the trademark trial and appeal board...

Clark Hill PLC on

As any marketing expert will tell you, the best trademarks are both creative and unique. Such “strong” trademarks are more memorable and set a product apart from competitors’ products....more

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

Beams of Light Fail to Strike a Chord with the Board

The Guitar Hotel in Hollywood, Florida is a hotel in the shape of the body of a guitar, with six lit-up “strings” running vertically up the surface of the building. At 7 pm daily, the hotel conducts a music and light show...more

Womble Bond Dickinson

Lowering Bar on Footboard Does Not Lower Burden for Proving Acquired Distinctiveness of Bed Frame, Says Trademark Office

Womble Bond Dickinson on

Charity seeking to register product designs as trademark icon not met the “very high burden” for showing acquired distinctiveness - On September 1, 2023 the Trademark Trial and Appeal Board (TTAB) issued a nonprecedential...more

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

MarkIt to Market® - August 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

Harris Beach Murtha PLLC

USPTO Confirms Lizzo's DNA Test and Reverses Refusal to Register "100% That B*tch"

The United States Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board (TTAB) recently issued a precedential decision clarifying the circumstances under which an artist can obtain a trademark registration...more

Jaburg Wilk

Congress Hands Trademark Owners New Tools to Fight Infringers and Challenge Fraudulent Registrations: The Trademark Modernization...

Jaburg Wilk on

The Trademark Modernization Act of 2020 (the “TMA”) was buried in the enormous COVID relief and stimulus bill (i.e., the Consolidated Appropriations Act for 2021), signed into law on December 27, 2020. The TMA amends federal...more

Weintraub Tobin

The Briefing: COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

Weintraub Tobin on

In this episode, Scott and Josh discuss the changes in Intellectual Property Law stemming from the recently passed COVID-19 Stimulus Bill. The IP law blog is a publication of Weintraub Tobin (www.weintraub.com). The...more

Jones Day

Takeaways from Trademark Law in 2020 and Looking Ahead to 2021

Jones Day on

In this White Paper, we share observations on 2020's most significant developments in trademark law. This year, the U.S. Supreme Court penned three opinions concerning what constitutes a protectable trademark, available...more

Jones Day

E-File or You'll Have to Refile: Trademark Filings Gone Digital - New USPTO rules make electronic filing mandatory and update...

Jones Day on

Statistics from 2018 reveal that .03% of trademark applications were paper filed. As such, effective February 15, 2020, paper trademark filings are no longer an option. The United States Patent and Trademark Office ("USPTO")...more

McDonnell Boehnen Hulbert & Berghoff LLP

New Trademark Exam Guide Effective February 15, 2020 Regarding Mandatory Electronic Filing, Owner Email Addresses, and Specimen...

On February 7, 2020, the U.S. Trademark Office issued long-anticipated guidelines governing electronic filing and electronic communications with attorneys and trademark owners. Effective February 15, 2020, these new rules...more

International Lawyers Network

Can Trademarks Be Primarily Geographically Descriptive?

Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark describes a geographical area such as eastern? Should you register your trademark with the...more

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

MarkIt to Market® - August 2018: #NOPOWER? will.i.am's Hashtag Problems

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (“Board”) confirmed that a hashtag symbol (#) generally adds little or no source-indicating distinctiveness to a trademark. In this case, rapper...more

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