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Trademark Registration Trademark Ownership

International Lawyers Network

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more

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

Jaburg Wilk

Maintaining and Protecting Your Trademark Rights After Registration

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Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the...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

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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

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

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

Womble Bond Dickinson

Update for International Trademark Holders: US Incorporates Madrid Protocol Amendment

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How can trademark owners transition from a national or regional registration to an international registration in a designated territory without prejudice or loss of priority dates? The principle of “replacement” allows a...more

Quarles & Brady LLP

Trademark Fee Changes at the USPTO: Increased Costs for New Application Filing Fees

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We previously reported that on January 18, 2025, the USPTO implemented its new fee schedule, setting certain new fees and raising some existing ones. Now that the fees have been in place for a while, this Client Alert is to...more

McGlinchey Stafford

The #1 Reason to Register Your Trademark

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There are many valuable benefits of registering one’s trademark with the United States Patent and Trademark Office (USPTO). A cursory Internet search will yield dozens of articles on the “Top 10” or “Top 5” reasons to...more

Offit Kurman

Trademark Registration Misconceptions: What Brand Owners Should Know

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Many business owners view trademark registration as a smart investment—and they’re right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger...more

Snell & Wilmer

Fourth Circuit Holds Additional Evidence Needed to Determine Whether “MOKE” is Generic

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The Fourth Circuit recently vacated and remanded a finding that the term MOKE is generic for certain low-speed, open-air vehicles. This case originated in the Trademark Trial and Appeal Board (“TTAB”) where Moke America LLC...more

Foster Swift Collins & Smith

“Three-peat” Use Agreement in Place if Chiefs Win Super Bowl

The Kansas City Chiefs and the Philadelphia Eagles are playing in Super Bowl LIX this Sunday, February 9. If the Chiefs win, this will be their third consecutive Super Bowl win, and, according to the Kansas City Star via...more

McDermott Will & Schulte

Beach Buggy Battle: Stipulation Insufficient to Establish Trademark Distinctiveness

The US Court of Appeals for the Fourth Circuit found that a district court does not need to accept both parties’ stipulation that a mark is distinctive but instead is permitted to make an evidentiary inquiry in determining...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Leverage Your IP - Residual Goodwill in Trademarks

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In this episode of Trending Now - An IP Podcast, Clinton Brannon and Janet Cho discuss residual goodwill in trademarks, including what it comprises and how it may be asserted....more

Smart & Biggar

Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect

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Beginning in January 2025, the Canadian Trademarks Office (CIPO) will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring them to prove that...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

Jones Day

Trademark Scams 101: Common Signs of Scams and How to Avoid Them

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Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify....more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

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

I'm Not Dead Yet! NYT Connections Puzzle Snafu and How to Prevent Genericide 

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your...more

Faegre Drinker Biddle & Reath LLP

Hoisting Scammers with Their Own Petard with the UDRP

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more...more

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

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To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Willcox & Savage

Trademark Board Finds No Sovereign Immunity to Opposition Proceeding

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The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v....more

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

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I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Erise IP

What’s Trending in Trademarks, September 2024: Meghan Markle’s Trademark Faces USPTO Pushback, And Can Memes be Marks?

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Meghan...more

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