The Lanham Act requires the United States Patent and Trademark Office (“USPTO”) to collect the domicile information of all trademark applicants. This provides the evidence necessary to show the applicant
Continue Reading USPTO Clarifies Domicile Address Requirements in Trademark ApplicationsLanham Act
SCOTUS Agrees to Engage in Some Whiskey Business
On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred…
Continue Reading SCOTUS Agrees to Engage in Some Whiskey BusinessThe 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…
Continue Reading The TTAB: Service Mark Use Requires More Than Just Preparation
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…
Continue Reading The USPTO Issues Regulations Implementing the Trademark Modernization Act of 2020
The Trademark Modernization Act of 2020 is Enacted
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…
Continue Reading The Trademark Modernization Act of 2020 is Enacted
The TTAB Rejects Equal Protection Argument in Favor of Failure-to-Function Refusal
In a recent precedential decision, the United States Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s failure-to-function refusal as respecting the standard character mark TEXAS LOVE,…
Continue Reading The TTAB Rejects Equal Protection Argument in Favor of Failure-to-Function Refusal
The Federal Circuit: Lexmark Governs Standing for Trademark Cancellation Proceedings
On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the…
Continue Reading The Federal Circuit: Lexmark Governs Standing for Trademark Cancellation Proceedings
The TTAB Affirms Refusal of Another CBD Mark on “Lawful Use” Grounds
On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY…
Continue Reading The TTAB Affirms Refusal of Another CBD Mark on “Lawful Use” Grounds
Animal Rescue Groups May Proceed With Unfair Competition Claims
An update from Jennifer Madaras, one of the firm’s summer associates:
A California federal judge has ruled that two animal rescue groups can proceed with unfair competition claims against numerous…
Continue Reading Animal Rescue Groups May Proceed With Unfair Competition Claims
Immoral & Scandalous Marks Survive
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…
Continue Reading Immoral & Scandalous Marks Survive