News & Analysis as of

United States Patent and Trademark Office Enforcement Actions

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 -
WilmerHale

PTAB/USPTO Update - July 2025

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On June 12, the nominee for USPTO Director John Squires was voted out of the Senate Judiciary Committee by a vote of 20-2.  His nomination has been placed on the Senate’s Executive Calendar and will proceed to a floor vote....more

Venable LLP

USPTO Guidance for Online Fakes

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The numbers of online fakes have exploded in recent years, creating increasing issues for a broad array of consumer goods manufacturers and retailers, from luxury clothing and leather goods to car parts or smoking...more

McDermott Will & Emery

Guiding the Fight Against Fakes: PTO Opens Public Comment Period

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The US Patent & Trademark Office (PTO) issued a notice inviting feedback from intellectual property rights holders and online marketplaces regarding proposed voluntary guidelines aimed at curbing the sale of counterfeit goods...more

Amundsen Davis LLC

How Businesses Can Enforce Trademark Registrations

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Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and...more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

Baker Donelson on

A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more

Amundsen Davis LLC

Preserving Patent Rights: Impact of Public Use on Patenting

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For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. Two recent federal circuit cases reiterate what many patent holders and...more

Womble Bond Dickinson

Prove It or Lose It: How USPTO’s Audit Program Inspired Canada’s Trademark Oversight

Womble Bond Dickinson on

If you own a U.S. trademark registration, you have likely encountered (or will encounter) an audit by the US Patent and Trademark Office (USPTO). The audit program, launched by the USPTO in November 2017, was enacted as a...more

McDermott Will & Emery

Rules Are Rules, Especially in Trademark Proceedings

The Commissioner for Trademarks recently issued a precedential decision terminating a reexamination proceeding for the registrant’s failure to respond within a statutory time period, where there was insufficient justification...more

Amundsen Davis LLC

Trademark Monitoring: What Girl Scout Cookies Can Teach Us About Intellectual Property

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It’s cold in southeastern Wisconsin, and that can mean only one thing—it’s nearly Girl Scout Cookie season and time to restock my favorites for the year. On learning that the cookie Toast-Yay!® will be retiring, I wondered...more

Jones Day

Vital Signs: Digital Health Law Update Winter 2022

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Note From the Editors With 2022 well underway, the rapid pace of statutory, regulatory, policy, and industry activities in digital health continues in force. We bring you Vital Signs, a curated, one-stop resource on the most...more

Holland & Knight LLP

Trademark Office Continues Crack Down on Fraudulent Filers, Sanctions Issued

Holland & Knight LLP on

For many years, companies and individuals filing applications to register trademarks at the U.S. Patent and Trademark Office enjoyed a rather quick examination process. Examining attorneys at the Trademark Office reviewed...more

Foley & Lardner LLP

Reading the Leaves: What's in Store for Cannabis in 2021

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On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity. Public...more

Hogan Lovells

USPTO Reiterates its commitment to detect and prevent fraudulent foreign trademark applications

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The United States Patent and Trademark Office (“USPTO”) has recently reiterated its commitment to stemming the tide of inaccurate and fraudulent trademark applications originating primarily from China. ...more

Foley & Lardner LLP

Constitutionality of PTAB Judge Appointments Challenged In Polaris IPR Appeal

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In the wake of Lucia v. SEC, where the Supreme Court held in June 2018 that Administrative Law Judges (ALJs) at the SEC are “officers” subject to the Appointments Clause, there have been challenges to the constitutionality of...more

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