News & Analysis as of

United States Patent and Trademark Office › Trademark Manual of Examining Procedure (TMEP) › 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

Dorsey & Whitney LLP

The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean,...

Dorsey & Whitney LLP on

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

Fish & Richardson

The Basics of TTAB Oppositions

Fish & Richardson on

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

WilmerHale

PTAB/USPTO Update - August 2021

WilmerHale on

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director....more

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

MarkIt to Market® - May 2020: One of These Things is Not Like the Other: Limiting Disclaimers Within Classes of Services

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

In a precedential decision earlier this month, the TTAB found that a disclaimer of a term is required as to all services in a Class if it is descriptive as to any services in that Class. This decision appears to contravene...more

ArentFox Schiff

Hope of Trademark Registration for Cannabis Vaporizer Goes Up in Smoke

ArentFox Schiff on

The United States Trademark Trial and Appeal Board (TTAB) recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce...more

International Lawyers Network

Can Trademarks Be Primarily Geographically Descriptive?

International Lawyers Network on

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

Perkins Coie

Supreme Court Holds Disparagement Clause Unconstitutional

Perkins Coie on

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

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