All TTAB practitioners are familiar with the heightened standard of proof required to prove fraud before the USPTO. However, many forget that proving an intent to deceive the USPTO, not
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Trademarks
Be Precise When Expressly Abandoning a Trademark Application or Face the Consequences
By Melissa E. Scott on
In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly.
On September 8,…
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USPTO Works to Fight Fraud
By Fox Rothschild LLP on
Since the start of the Covid-19 pandemic, the United States Patent and Trademark Office (USPTO) has seen a surge in trademark filings by 40%, which is the greatest number of…
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New USPTO Trademark Manual
By Elizabeth A. Patton on
ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The July 2021 revision replaces and supersedes the…
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USPTO Seeks to Register Its Own Marks
By Elizabeth A. Patton on
Whether the United States Patent and Trademark Office (USPTO) possessed trademark registrations for its own trademarks was honestly not something I had ever thought about before. But then I received…
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Precedential TTAB Decision Revisits Claim and Issue Preclusion
By Melissa E. Scott on
In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion.
Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”)…
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USPTO Trademark Webinars for Small Businesses
By Elizabeth A. Patton on
Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to…
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Name, Image and Likeness Legislation Changes College Sports
By Michael Burke on
The NCAA announced that it will allow student-athletes throughout the country to profit from their name, image, and likeness (“NIL”) starting on July 1, 2021, which marks a major shift…
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USPTO Refuses Washington Football Team’s Trademark Request
By Michael Burke on
While the NFL’s Washington Football Team decides on a more permanent name (likely in 2022), its hopes of trademarking its current moniker have been put on ice. On June 18,…
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TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality
By Melissa E. Scott on
On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on…
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