IP Watchdog

JANUARY 17, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S. Applicant U.S. Software Inc.

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IP Watchdog

NOVEMBER 2, 2021

Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion.

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Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? So it appeared that your trademark application was approved and on track to a registration until it got derailed. A third party has filed an opposition with the TTAB to block the registration of your mark. Should you hire a trademark filing service?

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The IPKat

MARCH 27, 2022

A good time for The IPKat to report on some of the posts compiled this week on the surrounding IP blogs. Court of Appeals for the Federal Circuit held that the Trademark Trial and Appeal Board (TTAB) of the USPTO correctly refused to register the mark ".SUCKS Background and outcome are reported by Marks IP.

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Patent Trademark Blog

FEBRUARY 10, 2022

What can you do if your trademark application is opposed? It can be a bit disheartening to receive an opposition to your trademark application, especially after the USPTO had preliminarily approved your mark. You now need to make some tough decisions on whether or not to defend the trademark opposition.

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Patent Trademark Blog

OCTOBER 18, 2021

What is the difference between a suspension and an extension of trademark opposition deadlines? Each trademark opposition will have deadlines set by the TTAB. The parties may still be actively pursuing the trademark opposition even with a pending motion to extend.

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Patent Trademark Blog

JUNE 24, 2024

How do you prove that your trademark is not similar? One of the most common rejections of trademark applications is likelihood of confusion. When a trademark registration is blocking your application, what if you could remove the obstacle by carving an opening? When should you consider a partial trademark cancellation?

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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).

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Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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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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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications. commerce.

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Patent Trademark Blog

OCTOBER 25, 2021

Are US trademark rights based on first to use or file? Many foreign countries use a first-to-file system for trademark registration and protection. Whoever registers a trademark first has rights regardless of whether they were first to use the mark. Why does filing a trademark application first matter?

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IP Intelligence

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. 90706411 (TTAB Dec. A United States Patent and Trademark Office (USPTO) examining attorney cited a registration for “BIG WIN” for “candy” because of confusing similarity.

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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. The business of the PTO is granting patents/TM.

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LexBlog IP

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. 90706411 (TTAB Dec. This was not the result in In re Sugar Free Specialties, LLC , Serial No. 7, 2022) (not precedential). The applicant appealed and suffered a big, not small, loss.

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Patent Trademark Blog

JUNE 8, 2023

Do you need to find a new patent lawyer? What are the signs that you need a new patent lawyer? If the time is right to make a change, how do you go about finding the right patent attorney ? Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer?

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Patent Trademark Blog

MAY 8, 2024

What if someone else filed for a similar trademark first? I can’t tell you all the reasons why people delay filing a trademark application. Others have already applied for similar trademarks. What are your options if you wish to file for a similar trademark? Need guidance on registering a trademark?

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IP Intelligence

SEPTEMBER 21, 2021

holding – in Chief Justice Roberts’ 5-4 opinion – that “the unreviewable authority wielded by [administrative patent judges, or APJs] during inter partes review [IPR] is incompatible with their appointment by the Secretary [of Commerce] to an inferior office.” [2] Arthrex, Inc. Arthrex, Inc. Schiedmayer Celesta GmbH. [6]

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LexBlog IP

SEPTEMBER 21, 2021

holding – in Chief Justice Roberts’ 5-4 opinion – that “the unreviewable authority wielded by [administrative patent judges, or APJs] during inter partes review [IPR] is incompatible with their appointment by the Secretary [of Commerce] to an inferior office.” Arthrex, Inc. ” [4]. .” ” [4].

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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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LexBlog IP

JUNE 13, 2023

Recently, we published an article regarding the increasing viability of cannabis related patents. 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”).

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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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