Earlier this month, the United States Patent and Trademark Office (“USPTO”) issued Examination Guide 1-19, intended to “clarify the procedure for examining marks for cannabis and cannabis-derived goods and
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U.S. Patent & Trademark Office (USPTO)
Federal Circuit Confirms Website TM Requirement
Earlier this month, at the request of the United States Patent and Trademark Office, the Federal Circuit Court of Appeals officially set a trademark registration requirement by making an earlier…
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Scandalous Trademark Ban
Just when we thought the unconstitutionality of the ban on disparaging and scandalous trademarks had been resolved, the United States Patent and Trademark Office (“USPTO”) is shaking things up. As…
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“Keto” Found Descriptive
Yesterday the Trademark Trial and Appeal Board (“TTAB”) affirmed the refusal by the United States Patent and Trademark Office (“USPTO”) to allow a Florida company to register trademarks containing the…
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Fourth Circuit Finally Rules on Washington Redskins Trademark Case
In what may be the final installment of a series of blog posts related to the Lanham Act’s disparaging trademark ban and its effect on the Washington Redskins’ trademarks, the…
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Growing Industry Lacks I.P. Protection
A trademark may give a business the right to stop others from using these marks to sell similar goods or services or using marks that may be confusingly similar. However, …
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After Matal v. Tam, Federal Circuit Rules on “Immoral” and “Scandalous” Trademarks
Continuing my ongoing coverage of the Lanham Act’s disparaging trademark ban, the Federal Circuit ruled today that the U.S. Supreme Court’s June 2017 ruling striking down the ban on disparaging…
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Are Offensive Trademark Registrations on the Rise?
In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there…
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Air Jordan Logo Too Similar to Rob Gronkowski Logo, Says Nike
Nike continues to flex its ever-growing muscles in protecting its lucrative Jumpman brand, blocking the NFL’s Rob Gronkowski’s registration of a silhouette of his signature touchdown spike earlier this week. …
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SCOTUS Strikes Down Disparaging Trademark Ban
This morning, the United States Supreme Court issued its long-anticipated ruling in the Lee v. Tam (now designated Matal v. Tam) trademark dispute involving the rock band, The Slants. …
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