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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Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. There is a lot going on in Brewery v. Static Components, Inc.,

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JD Supra Law

NOVEMBER 12, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark.

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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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Erik K Pelton

AUGUST 11, 2020

” And generally, they will almost always file the extension request on the last day of publication, and if an opposition is filed, it will almost always be on the last day. It extends that publication window to make it longer and leaves open the possibility while the extension is running, that the opposition could still be filed.

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Patent Trademark Blog

FEBRUARY 1, 2023

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark.

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Patently-O

NOVEMBER 28, 2023

2023) (non-precedential) The case involves Universal Life Church Monastery’s (ULC Monastery) trademark application for the mark GET ORDAINED covering both online retail store services (Class 35) and ecclesiastical services (Class 45) like ordaining ministers. On remand, the TTAB will need to explain its waiver decision.

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JD Supra Law

NOVEMBER 28, 2022

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (PTO) dismissed the oppositions of ARSA Distributing, Inc. to register the trademarks EUCALIN and EUCALIN and Design (Color) for nutritional supplements and related goods in International Class 5. ARSA Distributing, Inc.

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The TTABlog

DECEMBER 31, 2021

Section 2(a) - Deceptiveness: TTAB Affirms Section 2(a) Deceptiveness Refusal of SMART SUTURE for Bandages Section 2(a) - False Suggestion of a Connection : Precedential No. 31: TTAB Affirms Section 2(a) Refusal of "NATO" for Tents, for Falsely Suggesting a Connection With. You may also follow the TTABlog on Twitter: @TTABlog.

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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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Patently-O

APRIL 20, 2023

2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. By Dennis Crouch In re Charger Ventures, — F.4th.

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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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JD Supra Law

OCTOBER 13, 2022

Suppose that another person or entity has applied for a trademark registration at the United States Patent and Trademark Office (USPTO) that is similar to your trademark. Or, perhaps, you learn that another person or entity has already registered a trademark that you do not believe should have been registered.

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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

JULY 22, 2020

When an application gets approval from the US Patent and Trademark Office, the next step is for it to be published in what’s called the Official Gazette, which used to be an actual physical publication, but now it’s just an online publication. And if an opposition is filed, it will almost always be on the last day.

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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The TTABlog

FEBRUARY 8, 2022

The USPTO is seeking applications for the position of Attorney Advisor (and more specifically, Interlocutory Attorney) at the TTAB. The TTAB is an administrative tribunal within the U.S. Patent and Trademark Office (USPTO) that hears and decides trial level adversary proceedings involving two or more parties.

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The TTABlog

MARCH 27, 2023

In another step that will make TTAB proceedings as complicated and expensive as civil litigation, the TTAB has announced its implementation of a pilot program for holding a Final Pretrial Conference in selected cases. Announcement here ].

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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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Patently-O

FEBRUARY 16, 2023

” Rogozinski had published a book titled WallStreetBets and also filed trademark registration application for the mark WALLSTREETBETS, with him as the owner. Opposition proceedings are now pending before the TTAB.

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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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The IPKat

MARCH 27, 2022

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 SUCKS ", in standard characters and a stylized, pixelated font, because it does not function as a trademark for the services of the applicant's domain name registry operator.

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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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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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Patently-O

MAY 2, 2024

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. This is known as the “trial period” of the opposition proceeding. ” quoting Am.

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43(B)log

FEBRUARY 23, 2024

IP Australia also regulates patent & TM attorneys through professional standards board domination. A broader/systemic problem is the problem of scope: we see this in patent side when Office tries to intervene. The business of the PTO is granting patents/TM. Think about reinstituting specialization.

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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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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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Patently-O

APRIL 4, 2023

Apple Computer Company was founded in the mid-1970s and almost immediately sued for trademark infringement by Apple Corps (the parent company of Apple Records). It also filed to register a trademark on the mark. Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed.

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The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. TTABlogged here ].

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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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