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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Trademark Registration
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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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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The Trademark Modernization Act of 2020 is Enacted
By Melissa E. Scott on
On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law.
The Act makes substantive changes to the…
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The TTAB Continues Its Recent Trend of Failure-to-Function Refusals
By Melissa E. Scott on
On December 1, 2020, the TTAB continued its recent trend of decisions refusing to register marks on the ground of failure-to-function. In another precedential decision, the TTAB refused Applicant Lee…
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USPTO Trademark Trends
By Elizabeth A. Patton on
Today I attended the United States Patent and Trademark Office’s (USPTO) virtual webinar on trademark trends and current developments in the United States and in Israel. Among the speakers were…
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PTO Offers Guidance Following the Decision in USPTO v. Booking.com
By Fox Rothschild LLP on
Last month, the U.S. Patent and Trademark Office (PTO) issued a guidance document describing how they plan on following the Supreme Court’s recent decision in U.S. Patent and Trademark Office …
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