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Ninth Circuit Says District Court Properly Canceled Cannabis Trademark Applications for Lack of Bona Fide Intent to Use

IP Watchdog

affirming a lower court’s ruling that canceled trademark applications pending at the U.S. Patent and Trademark Office (USPTO). The Ninth Circuit panel majority determined that the district court had statutory authority to invalidate a trademark application for no bona fide intent to use over a dissent authored by U.S.

Trademark 105
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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. Haribo of America Inc.

Trademark 131
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Protecting your Trademark from Non-Use Cancellation

Kashishipr

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. What Constitutes Use?

Trademark 105
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Trademark Counterclaim: A Counterattack for TTAB Oppositions and Cancellations

Patent Trademark Blog

What is a trademark counterclaim? When it comes to TTAB oppositions and cancellations , it may make sense to consider filing a counterclaim against the plaintiff. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. Timing is crucial here.

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A New China Trademark Trojan Horse: Hold Registered Trademarks Ransom by the Filing of Bogus Non-Use Cancellations

IP Tech Blog

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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Cannabis Co. Pushes Back On Bid To Cancel Trademark

IP Law 360

A Michigan marijuana dispensary is urging a federal judge not to throw out its suit against a rival shop or cancel the federal trademarks it claims its rival is infringing, saying there's no evidence that the trademark is being used for illegal activity.

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A New China Trademark Trojan Horse: Hold Registered Trademarks Ransom by the Filing of Bogus Non-Use Cancellations

LexBlog IP

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.