LexBlog IP

APRIL 5, 2023

This week, the United States Patent and Trademark Office (USPTO) introduced a new pilot program for holding Final Pretrial Conferences (FPC) in certain inter partes disputes (i.e., oppositions and cancellations) before the Trademark Trial and Appeal Board (TTAB). § 2.120(a), but has had no equivalent to the FPC.

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LexBlog IP

JANUARY 4, 2023

. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § 91250565, 2022 USPQ2d 1151 (TTAB Nov.

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LexBlog IP

AUGUST 2, 2022

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding. This is an interesting sports trademark case. 4535612 of its Upward Hand Design Mark featured here: UT’s goods included decals in Class 16; and t-shirts and shirts in Class 25. UT relied on its Reg.

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Trademark Designs Design Registration 52

LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. TTAB proceedings have a reputation for being extremely costly and time consuming. Depending on your goals, it is possible to favorably resolve a TTAB contested proceeding in a relatively short amount of time and within a reasonable budget. Jurisdiction.

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Patent Trademark Blog

DECEMBER 13, 2021

What can cause the USPTO to issue trademark sanctions? Imagine investing the time and expense of filing a US trademark application only to have it terminated by the USPTO. The unauthorized practice of law in filing US trademark applications can lead to such sanctions by the USPTO. What is the unauthorized practice of law?

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Patent Trademark Blog

JUNE 8, 2023

You need your patent or trademark registered, and you need it now. Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ? One potential benefit of staying with the same IP firm is that you might be able to keep the same costs. How would their successors handle your cases?

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LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Trademark Intake Form. Trademark Search. Trademark Application Preparation. Third-party Opposition. trademark TIMELINE OVERVIEW.

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Trademark Registration Intellectual Property Registering Trademarks 52

LexBlog IP

FEBRUARY 9, 2022

Both oppositions were sustained on Spotify’s dilution by blurring claim, with the TTAB not reaching Spotify’s likelihood of confusion or dilution by tarnishment claims. 2022 USPQ2D 37 (TTAB 2022). Basis of opposition. 114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. Spotify AB v. Software Inc.,

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Television Music Advertising Advertising 40

LexBlog IP

JUNE 13, 2023

Sadly, the story is the opposite for federal trademarks. NCG”) was denied federal registration for its trademarks: BAKKED and (collectively the “Marks”) by the United States Patent and Trademark Office (“USPTO”). The Trademark Trial and Appeal Board (the “Board”) in a precedential, i.e., binding opinion , said no.

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LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. Under the Trademark Act (15 U.S.C.§ Organizations that certify such characteristics may apply to register their marks at the US Patent and Trademark Office (USPTO). for the term Gruyère against some very large U.S.

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IP Intelligence

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

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Registration Trademark Advertising Advertising 52

43(B)log

FEBRUARY 23, 2024

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. IP Australia also regulates patent & TM attorneys through professional standards board domination. TTAB is better suited, b/c at least get microcosm of LOC cases b/c of competing TM claimants.

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Registration Branding Brands Branding 59

LexBlog IP

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. SCt should get out of business of doing IP, but it’s too late. What is to be done?

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