trademark registration

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”).  Starting April 9, 2022 identify verification will be required for USPTO.gov account holders to file through TEAS and TEASi.  The identify verification is part of

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 trademark application; mere preparation to render the services is insufficient.

Alessandra Suuberg filed a use-based application to register the mark HAVE SOME DECENCY in connection

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 as possible to familiarize themselves with the new Rules.  Practitioners should take notice that the majority of the of the provisions take effect December 18

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 the falsity of the statement or its materiality, is the lynchpin of every fraud claim.  In a recent decision, the TTAB reminded practitioners of this

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, 2021, the TTAB denied Applicant Grüne Erde Beteiligungs GmbH’s (“Grüne Erde”) motion for relief from judgment following its express abandonment of its opposed multi-class application

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”) application to register the mark MAXVOLINE on the sole ground of likelihood of confusion.  Sunpoint moved for summary judgment based on the defense of res

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 small business owners and entrepreneurs and is broken up into eight modules focused on discrete topics.  Registration for the upcoming modules listed below, as well

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 grounds of de jure functionality under Section 2(e)(5).

The registered trade dress “consists of trade dress applied to gun barrels formed with a mottled pattern

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 Lanham (Trademark) Act that will better protect the relevant consuming public from confusion regarding the source of goods and services, and implement procedures that the

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 Greenwood’s (“Greenwood”) application to register the phrase GOD BLESS THE USA for use in connection with “accent pillows; decorative centerpieces of wood” and