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 ApplicationsTaco Tuesday for All?
After years of owning the trademark registration “Taco Tuesday,” Taco Johns has agreed to drop it after Taco Bell petitioned the U.S. Patent and Trademark Office to have the registration
Continue Reading Taco Tuesday for All?When Football & TMs Don’t Mix
Anyone who’s followed this blog knows that I’ve done a few (really more than a few) posts about the evolution of the Washington football team’s trademark battles. As a reminder
Continue Reading When Football & TMs Don’t MixRise in Fraud on TM Owners
The has been a rise in fraudulent schemes targeting trademark applicants and owners, which is not surprising given the record number of applications being submitted to the United States Patent
Continue Reading Rise in Fraud on TM OwnersUSPTO Updates – Aug. 2022
Commencing August 1, 2022, the U.S. Patent and Trademark Office (USPTO) is modernizing the patent and trademark assignment request process because, going forward, users will submit requests virtually using the
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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
Continue Reading 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
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
Continue Reading The TTAB: “Knowing Intent to Deceive” is the Lynchpin of A Fraud Claim