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Trademark Office

Jun 04, 2021

CAUTION: Trademark Scams Continue

Scammers haven’t stopped sending our clients fake trademark renewal notices, bilking them of thousands of dollars. For this reason, I am posting an updated version of my original blog post, “Beware the Trademark Scammers,” to help you differentiate between legitimate reminders and the many trademark scams being perpetrated by those out to steal your money. » Read More

May 28, 2021

The Trademark Modernization Act of 2020: New Rules and Procedures

The Trademark Modernization Act of 2020 (“TMA”) was signed into law at the end of last year, and we recently provided an overview of three key provisions practitioners and trademark owners should know about. Earlier this month, the United States Patent and Trademark Office (“USPTO”) released a notice of proposed rulemaking setting forth the rules and procedures implementing two of those changes: the new proceedings to cancel registrations in whole or in part, and the changes to the time to respond to office actions. » Read More

May 21, 2021

Patents and Trade Secrets – to Disclose or Conceal?

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. Besides this superficial similarity, patents and trade secrets are different, both in the kinds of ideas they can protect and in the responsibilities of the owner of the patent or trade secret. » Read More

Apr 23, 2021

When It Is More Than Just a Name – Trademark Significance of Geographic Indications

Issues of the geographic indications of products regularly turn up in the trademark context. Some well-known examples include COGNAC for brandy from France or ROQUEFORT for cheese manufactured from sheep’s milk only, and cured in the natural caves of the community of Roquefort, department of Aveyron, France. » Read More

Apr 16, 2021

Recent New Jersey Court Decision Shows That You Should Carefully Consider Your Choice of Venue for Trademark Litigation

One reason individuals and businesses register their trademarks before or shortly after they begin using the trademarked content commercially is that registration provides legal protection from other parties trying to benefit financially from the trademark owner’s ideas without their consent. Legal remedies available to the trademark owner include bringing the issue before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office and filing a lawsuit in civil court. » Read More

Mar 05, 2021

Three Things to Know About the Trademark Modernization Act of 2020

In December, the Trademark Modernization Act of 2020 (“TMA”) was signed into law. A bipartisan bill, the TMA contains several important trademark law reforms, including clarification of the burden that parties must satisfy to obtain an injunction in an infringement claim. » Read More

Feb 12, 2021

Common Issues in Patent and Trademark Litigation

Utility patents protect ideas and inventions, design patents protect the ornamental aspects of a product, and trademarks protect the exclusive consumer association with your company that your brands, logos, or designs evoke. Despite the differences in these types of intellectual property (“IP”), lawsuits involving patents and trademarks have striking similarities and crucial differences. » Read More

May 06, 2019

USPTO Issues First Guidance on Examination of Cannabis Trademark Applications

The United States Patent and Trademark Office (USPTO) recently issued helpful guidance on the examination of cannabis trademark applications.  This guidance is the USPTO’s first pronouncement of how it will evaluate the legal use in commerce requirement for trademark applications covering cannabis goods and services.   » Read More

Feb 19, 2019

Beware the Trademark Scammers

Sometimes, it seems not a day goes by without a client calling about a trademark-related scam. To help you avoid becoming another victim, I am writing about two of the more common fraudulent schemes.

The first involves the transmission (via snail mail or email) to the owner of a trademark registration of a notice that looks official, and may even be labeled “Patent and Trademark Office.”  » Read More

Jan 29, 2019

There’s a Latte to Consider When Seeking Registrations of Color and Geometric Shape

Marks:  In re Starbucks Corp. (TTAB Jan. 17, 2019)

As part of any trademark application, the applicant must submit a drawing of the mark and a specimen showing use of the mark in commerce in connection with the underlying goods and services identified in the application.  » Read More