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United States Patent and Trademark Office › CAFC › Trademark Trial and Appeal Board

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
International Lawyers Network

Can Non-English Language Trademarks Be Refused Registration Based on the Foreign Equivalents Doctrine?

International Lawyers Network on

Suppose that you want to register your trademark that is in a non-English language on goods or services for your business in the United States. Will your non-English language trademark need to be translated to English to...more

McDermott Will & Emery

No Green Light to Register Color Mark for Medical Gloves

McDermott Will & Emery on

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more

ArentFox Schiff

It’s Not Easy Being Green (If You Are a Color Trademark for Medical Gloves)

ArentFox Schiff on

In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more

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

TTAB Upholds Reputation Outside of U.S. as Ground for Opposition

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

In the recent precedential decision Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025), the U.S. Trademark Trial and Appeal Board found that an Opposer had standing to challenge registration of a...more

Fox Rothschild LLP

Supreme Court Rejects TRUMP TOO SMALL Trademark

Fox Rothschild LLP on

“TRUMP TOO SMALL”- This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back in January 2018, during the Trump presidency. Since...more

Fox Rothschild LLP

The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to...

Fox Rothschild LLP on

Last week, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a TTAB decision affirming a refusal to register the phrase TRUMP TOO SMALL because it “comprises the name of [former] President Donald...more

White and Williams LLP

Winter COVID-19 Relief Bill: Overview of Key IP and Entertainment Provisions

White and Williams LLP on

Congress passed The Consolidated Appropriations Act, 2021 (Act) on December 21, 2020 and the Act was signed into law by President Trump on December 27, 2020. Though titled as COVID relief, the Act includes sweeping changes to...more

ArentFox Schiff

A New Shade of Protectability

ArentFox Schiff on

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more

Stoel Rives LLP

Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Stoel Rives LLP on

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS...more

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