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United States Patent and Trademark Office › Trademark Act › 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 a Difference in Punctuation between a Trademark in a Drawing and Specimen of Use be Allowed for Registration?

International Lawyers Network on

Suppose you want to register a trademark that identifies a source of goods/services for your business. What if the trademark on the specimen of use has punctuation that is different from the drawing of the trademark in the...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

Vondran Legal

Proper grounds to cancel another companies trademark

Vondran Legal on

In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

McDermott Will & Schulte

Hairy Situation: Trademark Act Doesn’t Provide Consumer Standing

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The US Patent & Trademark Office Trademark Trial & Appeal Board found that a consumer did not have standing to oppose an application for registration because the consumer failed to establish a commercial interest and injury...more

Willcox & Savage

Application for Mark US SPACE FORCE Crashes at Trademark Board

Willcox & Savage on

An application to register US SPACE FORCE as a trademark crashed at the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (PTO) when the TTAB ruled that the mark caused a false suggestion of a...more

Faegre Drinker Biddle & Reath LLP

College T-shirts and Trademarks – Ornamental, or Protectable?

Faegre Drinker Biddle & Reath LLP on

As college freshmen head to campus for the start of classes, there is one vital campus bookstore purchase before classes begin: a T-shirt bearing the college’s logo. This purchase is not only a rite of passage for freshmen;...more

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

MarkIt to Market® - July 2022: How to Ensure Your Trade Dress Doesn't Go to Hell in a Handbasket

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In a recent precedential1 opinion, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jasmin Larian, LLC’s handbag design mark for “handbags” in Class 18, on the grounds...more

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

MarkIt to Market® - July 2022

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Thank you for reading the July 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a recent precedential TTAB decision regarding product configuration marks. We also highlight recent...more

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

MarkIt to Market® - September 2021: Watching the Pot™

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

Future Intentions Not Enough to Pave the Road to Registration - “Reduces pain,” “alleviates anxiety,” “improves sleep” – these are just some of the claims of the miraculous CBD. The surfeit of new CBD brands and products...more

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

MarkIt to Market® - September 2021

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The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

Chambliss, Bahner & Stophel, P.C.

Changes to Trademark Act Include New Procedure to Challenge Applications

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On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill which includes the Trademark Modernization Act of 2020 (TMA). The TMA, which will become effective in one year,...more

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

MarkIt to Market® - January 2020: That's Not My [Sur]name

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

In a non-precedential opinion issued this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jos. A. Magnus & Co., LLC’s mark MAGNUS for “whiskey, gin, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Expedited Trademark Cancellation Proceedings at the USPTO

McDonnell Boehnen Hulbert & Berghoff LLP on

The U.S. Patent and Trademark Office (“USPTO”) currently offers a pilot program that provides parties the opportunity to engage in expedited non-use cancellation proceedings. Broadly speaking, cancellation proceedings allow...more

Dorsey & Whitney LLP

Use in commerce for federal trademark registration: the Federal Circuit slowly moves towards the Supreme Court

Dorsey & Whitney LLP on

Is there any use of a trademark within the United States that is insufficient to support federal trademark registration? The federal trademark laws are based on the Commerce Clause of the United States Constitution, and...more

Foley Hoag LLP - Making Your Mark

10 Trademark Cases About Yo Mama

Foley Hoag LLP - Making Your Mark on

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

Akerman LLP - Marks, Works & Secrets

TTAB Makes Double Brown Ale Open to Nut Sack Mark

Akerman LLP - Marks, Works & Secrets on

In a ruling bound to please 15 year-old boys everywhere, the USPTO Trademark Trial and Appeal Board (“TTAB”) reversed the Examining Attorney’s refusal to register the trademark NUT SACK DOUBLE BROWN ALE (in standard character...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 07

Katten Muchin Rosenman LLP on

Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more

Proskauer Rose LLP

Appealing a Trademark Registration Refusal? Win or Lose, You May Have to Pay the USPTO’s Legal Fees

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The federal Trademark Act (the Lanham Act) instructs that if an unsuccessful trademark applicant appeals a refusal to register in federal district court, the applicant must name the Director of the U.S. Patent & Trademark...more

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