On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the
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Trademarks
The USPTO Issues Regulations Implementing the Trademark Modernization Act of 2020
By Melissa E. Scott on
Today, the USPTO issued regulations implementing the provisions of the Trademark Modernization Act of 2020 (“TMA”). The Regulations can be found here.
Practitioners should review the Regulations as soon…
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The TTAB: “Knowing Intent to Deceive” is the Lynchpin of A Fraud Claim
By Melissa E. Scott on
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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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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