On April 5, 2022, after more than one year of vacancy, the Senate confirmed attorney Kathi Vidal as the next director of the United States Patent and Trademark Office. Ms.
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Trademark Registration
Trademark Registrations: The Principal Register vs. Supplemental Register
The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important…
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USPTO Cuts Russian IP Ties
On March 22, the United States Patent and Trademark Office (USPTO) announced that it was breaking its final ties with Russia’s intellectual property agencies. Specifically, the USPTO has terminated engagement…
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The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
Last week, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a TTAB decision affirming a refusal to register the phrase TRUMP TOO SMALL because it “comprises…
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The USPTO’s Identity Verification Requirement For Trademark Filers
On January 8, 2022, the United States Patent and Trademark Office (“USPTO”) introduced identity verification for USPTO.gov account holders using the Trademark Electronic Application System (“TEAS”) and TEAS International (“TEASi”). …
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The TTAB: Service Mark Use Requires More Than Just Preparation
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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The USPTO Issues Regulations Implementing the Trademark Modernization Act of 2020
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
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
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
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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