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Trademark Litigation › Judicial Authority › United States Patent and Trademark Office

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

Farella Braun + Martel LLP on

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

McDermott Will & Schulte

Opposers Beware: Your Own Mark May Not Be Protectable

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent &...more

Baker Botts L.L.P.

When Can District Courts Cancel Trademark Applications?

Baker Botts L.L.P. on

Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more

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