JD Supra Law

FEBRUARY 28, 2024

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. Shortly thereafter, on February 12, 2024, the USPTO issued its. By: Arnall Golden Gregory LLP

Patent 108

Patent Trademark 108

Likelihood of Confusion

MARCH 5, 2024

I’m glad I got my grumbling in before this hit my inbox: The International Trademark Association (INTA) is pleased to announce the launch of its Pro Bono Trademark Clearinghouse. An initial two-year pilot program will take place in Germany and the United States, after which the Clearinghouse will be expanded to other countries.

Trademark 98

Trademark Law 98

JD Supra Law

FEBRUARY 23, 2024

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc.

Trademark 120

Trademark Designs Design Business 120

IP Watchdog

MARCH 14, 2024

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The guidance focuses on post-KSR precedential jurisprudence from the U.S. Court of Appeals for the Federal Circuit. Some of the guidance is fairly mundane, some of it is not.

Trademark 105

Trademark Patent Patent Prosecution Intellectual Property 105

JD Supra Law

MARCH 21, 2024

Katherine Vidal, Director of the United States Patent & Trademark Office, Case No. The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision after concluding that the patent owner’s proposed construction would require the parties to construe the construction.

Trademark 100

Trademark Patent 100

JD Supra Law

APRIL 25, 2024

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. Katherine Vidal, Director of the United States Patent and Trademark Office, Case No.

Licensing 62

Licensing Designs Design Trademark 62

Likelihood of Confusion

MARCH 13, 2024

: [P]hrases containing some form of “God” have been trademarked [sic] more than 3,400 times in the United States: “God answers knee-mail” and “All God’s Children Got Issues” and, of course, “T.G.I. But where you have trademarks, you also have trademark infringement.

Trademark 87

Trademark Fair Use Trademark Law Law 87

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. The products circulate worldwide; “a product manufactured in Germany is often destined for another country, like the United States.” tradeshows.

Advertising 59

Advertising Advertising Trademark Branding 59

JD Supra Law

APRIL 17, 2024

On April 16, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions. By: Fish & Richardson

Publishing 65

Publishing Trademark Patent 65

JD Supra Law

APRIL 23, 2024

One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB). By: Fish & Richardson

Invention 65

Invention Publishing Trademark Patent 65

JD Supra Law

FEBRUARY 2, 2024

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States.” By: Haug Partners LLP

Patent Infringement 79

Patent Infringement Trademark Patent 79

JD Supra Law

MARCH 14, 2024

Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark infringement by competitors and enforcing your intellectual property rights.

Branding 68

Branding Brands Branding Trademark 68

IP Law 360

FEBRUARY 6, 2024

United States Patent and Trademark Office Director Kathi Vidal issued a memorandum on Tuesday saying the agency's existing mechanisms are adequate to tackle attorney conduct — and misconduct — related to the use of artificial intelligence tools, but promised to provide more guidance in the next few months.

Trademark 98

Trademark Patent 98

IP Watchdog

MAY 1, 2024

The United States Patent and Trademark (USPTO) today announced a “National Strategy for Inclusive Innovation” in advance of a World IP Day event being held on Capitol Hill.

IP 52

IP Trademark Patent Inventor 52

JD Supra Law

APRIL 19, 2024

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA) proceedings. By: WilmerHale

Government 59

Government Invention Patent Trademark 59

JD Supra Law

APRIL 1, 2024

In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). So, grab your magnifying glass (figuratively, of. By: Faegre Drinker Biddle & Reath LLP

Trademark 68

Trademark Art Blogging Registration 68

JD Supra Law

FEBRUARY 15, 2024

In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute (..)

Invention 73

Invention Patent Publishing Trademark 73

JD Supra Law

APRIL 25, 2024

On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board). By: Weintraub Tobin

Invention 62

Invention Trademark Patent 62

JD Supra Law

APRIL 8, 2024

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February 13, 2024.

Patent 68

Patent Invention Designs Design 68

JD Supra Law

APRIL 16, 2024

The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89 FR 25609 (April 11, 2024) (the “Guidance”) comes on the heels of the Final Rule: Signature Requirements Related to Acceptance of…. By: McDonnell Boehnen Hulbert & Berghoff LLP

Trademark 62

Trademark Patent 62

JD Supra Law

OCTOBER 23, 2023

The blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. This blog post concentrates on protecting marks outside of the United States.

Registration 73

Registration Trademark Service Mark Blogging 73

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images.

Publishing 111

Publishing Designs Design Patent 111

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. As noted by the USPTO, the guidance does not provide any new practice or procedure but. By: Kilpatrick

Design Patent 114

Design Patent Designs Design Patent 114

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Complaint Targets Kokoa TV Plaintiff Wavve Americas Inc. (wA)

Copyright 117

Copyright Trademark Copyright Infringement Registration 117

JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS) and the launch of its new Assignment Center. By: Fox Rothschild LLP

Trademark 62

Trademark Patent 62

JD Supra Law

MARCH 8, 2024

87976064, issued on November 30, 2023, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), decided the issue of whether a commonly used term or slogan can be registered as a trademark. In a non-precedential opinion; In re America in Harm’s Way; Serial No.

Trademark 65

Trademark Registration Patent 65

IP Watchdog

APRIL 25, 2024

United States Patent and Trademark Office (USPTO) Director Kathi Vidal on April 19 vacated a decision of the Patent Trial and Appeal Board (PTAB) that had denied institution of an inter partes review (IPR) for a lighting system patent owned by Rotolight Limited. Videndum Production Solutions challenged claims 1–19 of U.S.

Patent 52

Patent Trademark Government Litigation 52

IP Watchdog

MARCH 27, 2023

Elsewhere, the United States Patent and Trademark Office (USPTO) hosts the third event of the 2023 Women’s Entrepreneurship Symposium. Also, the Information Technology and Innovation Foundation (ITIF) discusses the future of manufacturing innovation in Germany and the United States.

Technology 105

Technology IP Business Trademark 105

JD Supra Law

JANUARY 30, 2024

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S.

Registering Trademarks 68

Registering Trademarks Registration Trademark 68

JD Supra Law

MARCH 5, 2024

Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks. However, we have learned of a new, bolder scam. By: Lewis Roca

Trademark 59

Trademark Reporting Patent 59

JD Supra Law

MARCH 26, 2024

United States Patent and Trademark Office (USPTO) officials recently reiterated to all patent examiners that they must provide clear, consistent analysis regarding means-plus-function and step-plus-function limitations.

Trademark 65

Trademark Patent 65

IP Watchdog

DECEMBER 5, 2022

If you are filing or have filed a trademark application with the United States Patent and Trademark Office (USPTO) you now have a shorter deadline to respond to Office Actions.

Trademark 125

Trademark Patent Government Intellectual Property 125

IP Watchdog

MAY 22, 2023

Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? trademark on spurious Bulova watches, many of which were bought by U.S. citizens in Mexico and brought back to the United States. Bulova Watch Co. citizen using a registered U.S.

Trademark 120

Trademark Litigation Intellectual Property IP 120

JD Supra Law

DECEMBER 15, 2023

A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at the United States Patent and Trademark Office (“USPTO”). By: Haug Partners LLP

Designs 73

Designs Design Trademark Patent 73

JD Supra Law

MARCH 5, 2024

The United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) today proposing to update its rules governing motions to amend before the Patent Trial and Appeal Board (PTAB). By: Fish & Richardson

Government 62

Government Publishing Trademark Patent 62

JD Supra Law

SEPTEMBER 26, 2023

Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to trademark protection. In its opinion in Interprofession du Gruyere v.

Trademark 70

Trademark Registration Publishing 70

JD Supra Law

FEBRUARY 26, 2024

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its Inventorship Guidance for AI-Assisted Inventions (Guidance) on February 12, 2024.

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Inventor Invention Patent Trademark 65