(Podcast) The Briefing - The Doctrine of Foreign Equivalents: What It Means for Your Brand
5 Key Takeaways | Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)
Wolf Greenfield Attorneys Review 2024 and Look Ahead to 2025
Recognizing and Avoiding Trademark Scams and Hoaxes
The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season
5 Key Takeaways | Alice at 10: A Section 101 Update
Director Review Under the USPTO's Final Rule – Patents: Post-Grant Podcast
(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
Legal Alert: USPTO Proposes Major Change to Terminal Disclaimer Practice
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence Patents & Emerging Regulatory Laws
John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property
Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal
The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions
The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions (Podcast)
4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Wolf Greenfield Attorneys Preview What’s Ahead in 2024
8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
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
You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how...more
The U.S. Patent and Trademark Office (USPTO) has announced significant changes to trademark filing fees, which will take effect on January 18, 2025. The changes impact both new applications and post-registration maintenance...more
The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more
The phrase “make your mark on history” is a commonplace one with several meanings and connotations. It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more
Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office...more
As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering...more
The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate...more
Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. What can you do? One option is to institute an opposition with the...more
ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The July 2021 revision replaces and supersedes the October 2018 version, and it...more
Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh's post on the IP Law Blog "Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks." ...more
U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more
Who doesn’t love a secret menu, where one discovers delicious off-menu favorites and savors them along with the pleasure of feeling in the know? We’ll let you in on a “secret menu” of sorts for trademarks. A little known area...more
We recently posted about the U.S. Supreme Court’s June 24th holding in Iancu v. Brunetti, which upheld a ruling that the Lanham Act’s bar on the registration of scandalous or immoral marks is unconstitutional because it...more
A trademark is a word, phrase, symbol, design, color, sound, or a combination thereof, that serves to identify the source of goods or services from those of another. Questions frequently arise about how trademarks should be...more
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark describes a geographical area such as eastern? Should you register your trademark with the...more
When examining trademark applications, the United States Patent and Trademark Office (USPTO) considers whether the applied-for mark is confusingly similar to any registered or prior-filed marks by applying the following...more
The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more
Hello loyal TMCA readers – This is the first installment of what we hope to be an informative series of posts called Quirky Questions: TMCA Edition. Our labor and employment colleagues have a great blog, Quirky Questions,...more
Despite numerous states having legalized medical marijuana, and a handful of others having legalized marijuana for recreational use, it still remains impossible to obtain a U.S. federal trademark registration for marijuana...more
In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,...more