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
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 Andrei Iancu, the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and David Gooder, the Commissioner for Trademarks at the USPTO.
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 v. Booking.com. You can read our previous blog post about this decision here. This document serves as a roadmap for how the PTO
To apply for a federally-registered trademark with the United States Patent and Trademark Office (USPTO), an applicant is required under 15 U.S.C. § 1051 to, among other things, submit specimens of the mark and verify that it is being used in commerce (or in the event of a future intent to use, verification as such
For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and Appeal Board (TTAB). Some fee increases are minimal (e.g., only about 10% increase to file an ex parte appeal). However, other fee increases are substantial,
For years, scam artists have targeted trademark owners with communications that mimic notices from the United States Patent and Trademark Office (USPTO) or other governmental entities.
Unfortunately, there is no end in sight for these fraudulent activities. The USPTO recently reported an uptick in these schemes, as well as a proliferation of new “tools” used
On July 28, 2020, the TTAB issued a precedential decision regarding an underutilized method for responding to summary judgment motions filed before the non-moving party has had a reasonable opportunity to obtain relevant discovery.
In Anand K. Chavakula v. Praise Broadcasting AKA Praise FM (Cancellation No. 92071482), Chavakula filed a petition to cancel Praise FM’s
On July 30, 2020, the U.S. Trademark Trial and Appeal Board (TTAB) issued a precedential decision holding, in effect, that the mark GUARANTEED RATE is too common for registration in the absence of a consumer survey showing acquired distinctiveness.
Applicant, Guaranteed Rate Inc., sought registration on the USPTO’s Principal Register of the plain
Last month, the United States Patent and Trademark Office’s (USPTO) began an initiative to expedite the review of, and waive the fees related to, trademark applications for marks used to identify qualifying Covid-19 products and services. According to the USPTO’s website, this initiative launched “in view of the critical need to develop and help