My colleague, Bridget Short, recently drafted an alert regarding an option for trademark owners seeking to avoid cancelation of a registration due to a temporary interruption in use and inability to file a declaration of use.
Due to circumstances beyond their control, trademark owners may file a declaration of nonuse setting forth (1) the
On Friday, the United States Patent & Trademark Office (USPTO) announced that it was cancelling all in-person meetings — including all examiner interviews, all meetings between examiners and applicants, and all hearings before the Patent Trial & Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). The USPTO noted that parties will receive further
Sometimes it’s back to basics. This time, the simple difference between trademarks, copyrights, and patents. The U.S. Patent & Trademark Office (“USPTO”) provides guidance.
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of one party’s goods. A service mark is the same but for services, and can
Happy Halloween! It is the day (or week, for some) of the year where we venture out pretending to be something we are not. Some may choose to go for a classic costume like a ghost or witch. However, others want to dress up as their favorite character from a TV or movie. But these
As predicted, the United States Patent and Trademark Office (“USPTO”) has now extended its inquiry on the impact of artificial intelligence (“AI”) technologies to copyright, trademark, and other intellectual property rights. Last month’s blog post on this topic explained that the USPTO had filed a Notice in the Federal Register seeking comments as to whether
Late last month, the United States Patent & Trademark Office (“USPTO”) issued a Notice seeking comments as to whether Artificial Intelligence (“AI”) can be considered an inventor on a patent. Its questions “are designed to cover a variety of topics from patent examination policy to whether new forms of intellectual property protected are needed.”
This
Earlier this month, the United States Patent & Trademark Office’s (USPTO) finalized and announced a rule requiring foreign trademark applicants to be represented by a United States licensed attorney when applying for a US trademark registration . The rule covers individuals with a permanent legal residence outside the US or its territories and entities with
It’s old news by now, but the Supreme Court ruled earlier this week that the immoral and scandalous trademark ban set forth in Section 2(a) of the Lanham Act is unconstitutional under the First Amendment because it disfavors certain ideas and thus discriminates based on viewpoint. Practically, this means that the United States Patent and
Since 1995, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have maintained intellectual property licensing guidelines, most recently updated in 2017. Those guidelines, titled “Antitrust Guidelines for the Licensing of Intellectual Property,” discuss how the FTC and DOJ evaluate licensing for patents, copyrights, trade secrets, and know-how and how they
Earlier this month, the United States Patent and Trademark Office (“USPTO”) issued Examination Guide 1-19, intended to “clarify the procedure for examining marks for cannabis and cannabis-derived goods and for services involving cannabis and cannabis production following the 2018 Farm Bill.”
In the guide, the USPTO reminds us that use of a trademark