In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseSupreme Court Rejects TRUMP TOO SMALL Trademark
“TRUMP TOO SMALL”
This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back
Continue Reading Supreme Court Rejects TRUMP TOO SMALL TrademarkNAD Rejects Use of R Symbol
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol)
Continue Reading NAD Rejects Use of R SymbolNew USPTO Madrid Protocol Webpages
The United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New Madrid Protocol webpages for international trademark applicants (govdelivery.com). Specifically, the USPTO explains that its
Continue Reading New USPTO Madrid Protocol WebpagesUSPTO Clarifies Domicile Address Requirements in Trademark Applications
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
Continue Reading USPTO Updates – Aug. 2022
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