The IP Law Blog

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Doncic has said that he gave his mother consent to register LUKA DONCIC 7 when he was younger, but he has since established his company Luka99 Inc.

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LexBlog IP

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Doncic has said that he gave his mother consent to register LUKA DONCIC 7 when he was younger, but he has since established his company Luka99 Inc.

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

JD Supra Law

JANUARY 16, 2024

2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. Chutter, Inc. (No.

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JD Supra Law

OCTOBER 23, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., 2022-1212).

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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.

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IP and Legal Filings

JANUARY 27, 2023

Despite the fact that the duration of protection varies, a trademark can be renewed in perpetuity by paying additional fees after the first term has expired. In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward.

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Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

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Erik K Pelton

MARCH 6, 2022

The following is an edited transcript of my video 3 Ways to Overcome a Likelihood of Confusion Trademark Refusal from the USPTO. Even when an application is filed by an attorney, there still are circumstances where an examiner may issue an office action finding a likelihood of confusion with one or more registered trademarks.

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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.

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JD Supra Law

MARCH 9, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration - You learn that another person or entity has a registered trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark, is a generic or descriptive term you believe should not be “owned” by one party, is a mark that has been abandoned (..)

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LexBlog IP

JANUARY 16, 2024

2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. 2929764 ) for restaurant services. 1:08-CV-975-TWT.

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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The TTABlog

NOVEMBER 24, 2021

The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. TTABlogger comment: Note that the new "nonuse" ground for cancellation will not affect the current ground of abandonment. pdf of Act here ]. A summary of the new provisions may be found here at the USPTO website. Text Copyright John L.

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Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

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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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LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Tana had also filed a civil action for trademark infringement against Great Concepts in the Northern District of Georgia (Civil Action No.

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The TTABlog

JUNE 7, 2023

The Board granted a petition to cancel a registration for the mark ARTNCRAFT for, inter alia , ceramic knobs and pulls, finding confusion likely with petitioner's identical, prior-used common law mark for overlapping goods. Bhupendra Tekwani DBA Artncraft , Cancellation No. And so, the Board granted the petition for cancellation.

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Patent Trademark Blog

NOVEMBER 18, 2021

What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. The TMA final rule can be found here.

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Olartemoure Blog

MAY 17, 2023

Most domain names are registered on a first-come, first-served basis. Such discussions are generally resolved by a Trademark Clearing house appointed by ICANN. Nonetheless, if the trademark owners fails to use those alternatives, it may also use Uniform Domain Name Dispute Resolution Policy (UDRP). nyc,shop,film,family,bmw, etc.)

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JD Supra Law

MARCH 16, 2022

In fact, there is also “quarantine” in the field of trademarks.

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Patent Trademark Blog

SEPTEMBER 13, 2021

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance. How can you revive a canceled trademark registration?

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IP Law 360

DECEMBER 21, 2021

The Trademark Trial and Appeal Board has refused to cancel a Florida company's registered trademark on the word "naked" for condoms, unmoved by arguments by an Australian rival that the mark would likely be confused with its own Naked condom brand.

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The TTABlog

OCTOBER 19, 2023

Great Management Group, LLC and Great Concepts, LLC [ TTABlogged here ], concluding that "a Section 14 cancellation proceeding is not available as a remedy for a fraudulent Section 15 incontestability declaration." Taylor’s fraudulent Section 15 declaration was incontestable status for its already-registered trademark.

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The IPKat

NOVEMBER 30, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Javohir Kurbonov and Khalil Jurayev (both Prolegals Law Firm) on some recent developments in the trademark law of Uzbekistan. What does it offer for holders of well-known (famous) trademarks?

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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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. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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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

JANUARY 24, 2023

claiming trademark infringement and dilution of two registered trademarks for medical gloves, one mark consisting of the color purple and the other the color gray. Sri Trang then filed at the TTAB petitions for cancellation of the two registrations. O&M Halyard brought a civil action against Sri Trang US, Inc.,

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IP and Legal Filings

JULY 28, 2022

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. In its place, a trademark law on March 3, 1881, was enacted that targeted the trademarks used in interstate commerce.

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azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. Otherwise, the business is at risk of losing its trademark.

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43(B)log

SEPTEMBER 7, 2021

Chunma’s motion to dismiss the cancellation claims was denied. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

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The TTABlog

JANUARY 21, 2022

Trademark expert Anne Gilson LaLonde, author of Gilson on Trademarks , has provided her comments on the CAFC's recent Brooklyn Brewery decision [ here ], with errata [ here ], agreeing with Professor J. 1064 to pursue a cancellation proceeding.”); Coach Servs. See , e.g., Corcamore, LLC v. SFM, LLC , 978 F.3d 3d 1298, 1303 (Fed.

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Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

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LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

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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. If you would rather not give up, here are some suggestions on choosing a trademark opposition attorney. Should you hire a trademark filing service?

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LexBlog IP

NOVEMBER 2, 2021

As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark” I then break the unfortunate news that there is no such thing as an “international trademark” Instead, registered trademark protections only extend to the national borders where the mark is registered.

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