JD Supra Law

JANUARY 14, 2022

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Patent and Trademark Office (USPTO) trademark register is full of registrations, both legitimate and illegitimate.

Trademark 101

Trademark Branding Brands Branding 101

LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

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Trademark Cease and Desist Registration Trademark Law 40

IP Watchdog

MAY 23, 2023

Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) yesterday made public a Sanctions Order against a patent owner that resulted in the cancellation of all 183 claims of five patents challenged in separate inter partes review (IPR) proceedings.

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Patent Trademark Government Intellectual Property 116

IP Watchdog

JANUARY 23, 2024

Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc. Court of Appeals for the Federal Circuit (CAFC) today denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S.

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Trademark Patent Music Litigation 111

JD Supra Law

FEBRUARY 22, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. By: Erise IP

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Trademark Registration IP Patent 114

Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

Trademark 98

Trademark Registration Litigation Blogging 98

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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Government Trademark Patent Patent Application 105

IP Watchdog

MARCH 21, 2024

The Trademark Trial and Appeal Board (TTAB) on Wednesday, March 20, denied APPLE JAZZ mark owner Charles Bertini’s petition to cancel Apple, Inc.’s s mark APPLE for entertainment services.

Trademark 85

Trademark Music Government Litigation 85

IP Law 360

NOVEMBER 17, 2021

Patent and Trademark Office announced Wednesday that it will begin implementing the Trademark Modernization Act and its provisions for challenging unused trademarks next month.

Trademark 52

Trademark Patent 52

JD Supra Law

FEBRUARY 19, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation? The answer is YES!

Registration 61

Registration Trademark Business Patent 61

JD Supra Law

DECEMBER 5, 2022

The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy. By: AEON Law

Trademark 97

Trademark Intellectual Property Registration IP 97

IP Watchdog

OCTOBER 19, 2023

Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark.

Trademark 59

Trademark Registration Registering Trademarks Patent 59

JD Supra Law

OCTOBER 26, 2023

the Federal Circuit entertained an appeal from the Trademark Trial and Appeal Board’s cancellation of a federal registration based on the registrant’s filing of an allegedly fraudulent declaration of incontestability under Section 15 of the Lanham Act. Chutter, Inc., By: Kilpatrick Townsend & Stockton LLP

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Trademark Registration Patent 66

LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation? The answer is YES!

Registration 52

Registration Trademark Ownership Trademark Law 52

JD Supra Law

JUNE 27, 2023

Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. D746,078—Defendants requested an entry of judgment dismissing Plaintiffs’ infringement claim with prejudice, and dismissing Defendants’ counterclaim for invalidity of the patent as moot. After the U.S.

Design Patent 52

Design Patent Patent Designs Design 52

IP Law 360

MARCH 28, 2024

Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected. Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S.

Registration 52

Registration Trademark Patent 52

JD Supra Law

OCTOBER 24, 2023

​​​​​​​For 48 years, the Trademark Trial and Appeal Board of the U.S. Patent & Trademark Office has held that if a trademark registrant files a fraudulent declaration under Section 15 of the Lanham Act to make its registration incontestable, the registration is cancelled in its entirety, full stop.

Registration 61

Registration Trademark Patent 61

IP Watchdog

FEBRUARY 2, 2023

Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO). Metz and Jump Rope Systems originally sued Rogue Fitness in 2018.

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Inventor Technology Patent Trademark 126

Above the Fold

NOVEMBER 1, 2023

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. Looks like Taco Bell’s petition to cancel these trademarks with the United States Patent and Trademark Office (USPTO) ultimately paid off.

Advertising 52

Advertising Advertising Trademark Blogging 52

Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Do the accused products infringe the asserted patent?

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Patent Infringement Cease and Desist Patent Design Patent 52

IP Tech Blog

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. The “DANTANNA’S” trademark issued in 2005. In Great Concepts LLC v.

Registration 62

Registration Trademark Blogging IP 62

Patent Trademark Blog

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Need to register a foreign trademark in the US? What if the foreign trademark has not yet registered?

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Registering Trademarks Trademark Registration Blogging 52

IP Law 360

JANUARY 23, 2024

Patent and Trademark Office to decide on his pending petition to cancel Apple Inc.'s s "Apple Music" trademark after finding that the agency wasn't unreasonable when it stayed the proceedings. The Federal Circuit on Tuesday shot down a jazz musician's request to direct the U.S.

Music 52

Music Trademark Patent 52

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. Petition to Cancel. 23, 2019). Current Fee.

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Trademark Registration Branding Brands 184

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

Over the years, some businesses and individuals have attempted to trademark the phrase ‘Taco Tuesday’ for various purposes. Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. 1572589 under Class-43 in favor of Taco John’s.

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Registration Trademark Business IP 88

IPilogue

OCTOBER 21, 2022

On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

Trademark 104

Trademark Branding Brands Branding 104

IP Watchdog

SEPTEMBER 12, 2022

Patent and Trademark Office (USPTO) denied its request for Director Review. The case relates to a Patent Trial and Appeal Board (PTAB) decision canceling all claims of U.S. 7,325,806 (‘806 patent) and was previously appealed to the CAFC.

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Reporting Trademark Patent Invention 98

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. Who was the competent authority that directed the cancellation of the exams?

Patent 59

Patent Higher Education Designs Design 59

JD Supra Law

NOVEMBER 9, 2023

Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) did not have the authority to cancel the registration of a mark made incontestable by way of a fraudulent declaration. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. This holding overturned longstanding Board precedent.

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Registration Trademark Patent 68

IP Watchdog

SEPTEMBER 14, 2023

If a sanctions order is the stuff of a Patent Trial and Appeal Board (PTAB) practitioner’s bad dreams, then the issuance of sanctions outright cancelling a client’s patent(s) qualifies as their worst nightmare. Patent and Trademark Office (USPTO) Director Kathi Vidal sua sponte ordered Director Review of PTAB’s sanctions order.

Patent 59

Patent Trademark Intellectual Property IP 59

LexBlog IP

NOVEMBER 2, 2023

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. The “DANTANNA’S” trademark issued in 2005. In Great Concepts LLC v. Chutter, Inc. ,

Registration 52

Registration Trademark Patent Technology 52

Patently-O

OCTOBER 18, 2023

by Dennis Crouch In the trademark case of Great Concepts, LLC v. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Of course, this balance of powers question goes far beyond the patent and trademark systems.

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Registration Trademark Law Registering Trademarks 62

Patent Trademark Blog

MARCH 10, 2022

These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use.

Registration 98

Registration Registering Trademarks Trademark IP 98

IP Law 360

OCTOBER 20, 2023

Patent and Trademark Office has found that it had the power to cancel trademark registrations if a declaration for incontestability contained false information. For nearly 50 years, the U.S.

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Registration Trademark Patent 49

IP Watchdog

NOVEMBER 9, 2023

Patent and Trademark Office (USPTO) to respond to a petition for writ of mandamus filed by the owner of the APPLE JAZZ trademark, who has been embroiled in a fight with Apple, Inc. Court of Appeals for the Federal Circuit (CAFC) this week ordered Apple, Inc. and the U.S. over rights to the mark since 2016.

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Registration Trademark Patent Music 64

IP Watchdog

MAY 26, 2023

This week in Other Barks & Bites: The USPTO releases a blog post detailing the success of its Patent Pro Bono Program and announces a proposed pilot for micro entity applicants; NBA superstar LeBron James puts his weight behind Taco Bell in its battle to cancel the “Taco Tuesday” trademark; and Gilead and Teva sign a deal with pharmacies to avoid (..)

Trademark 52

Trademark Patent Application Blogging Patent 52

IP Watchdog

NOVEMBER 13, 2021

Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) that had found Galperti S.r.l Patent and Trademark Office (USPTO) in asserting that it had substantially exclusive use of the mark GALPERTI in the five years preceding its registration.

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Registration Trademark Patent Litigation 119