News & Analysis as of September 1, 2025

United States Patent and Trademark Office

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

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

Cranfill Sumner LLP on 7/31/2025

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

Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

McDermott Will & Schulte on 8/22/2024

The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have...more

Trademarks in M&A Due Diligence

Erise IP on 5/18/2022

In a complex merger or acquisition, there are many moving parts. Due diligence of trademark registrations can get lost in the shuffle. But thorough review of brand assets can help avoid pitfalls and maximize the investment. ...more

Cannabis Investors and Producers Face Need for Due Diligence

Rivkin Radler LLP on 9/1/2020

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more

Considering a Purchase, Sale, or Financing? Make Sure Your Trademark Due Diligence is Thorough

Mintz - Intellectual Property Viewpoints on 4/14/2020

Trademark due diligence is the process of analyzing information concerning a company's trademark portfolio and assessing the risks, exposures, and benefits associated with a proposed transaction. In an acquisition, both the...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

McDonnell Boehnen Hulbert & Berghoff LLP on 6/6/2019

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

3 IP Questions Every Government Contractor Must Ask Before Entering a Corporate Transaction

Williams Mullen on 9/13/2018

One of the roles of John Cleese in the comic movie “Monty Python and the Holy Grail” was Tim the Enchanter. Tim the Enchanter posed three questions to the Knights of the Round Table to determine if they would be allowed to...more

Branding and Trademark Series: Building a Brand

Nutter McClennen & Fish LLP on 3/8/2018

The word “brand” has come to be used broadly as a business buzzword, and with good reason. A brand often is comprised of a company name or a product name - but it is much more than that. It is a projection and reflection of...more

10 Key Intellectual Property Issues for M&A Deals

Holland & Knight LLP on 11/16/2016

Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more

Intent to Lose? Be Wary of Pitfalls Involving Intent-to-Use Trademark Applications.

Pillsbury Winthrop Shaw Pittman LLP on 5/23/2014

Merger and Acquisitions often involve the acquisition and/or assignment of trademarks. Companies acquiring trademarks must beware of potential problems lurking with intent-to-use (ITU) trademark applications (or applications...more

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