The United States Patent and Trademark Office will now allow federal trademark registration for marks used on some hemp-based products, including those containing hemp-derived CBD, except for foods, beverages, dietary supplements, or pet treats. On May 2, 2019, the USPTO issued Examination Guide 1-19 for…
Are you a trademark owner with an infringer to sue but you do not have U.S. registration? Do you need a U.S. registration to record with U.S. Customs to have counterfeit shipments seized? If so, you may be able to go to the head of…
On March 4, 2019, the Supreme Court agreed to hear Iancu v. NantKwest, Inc., which will determine whether unsuccessful applicants before the United States Patent and Trademark Office who elect to challenge adverse decisions before the district court must—win or lose—pay the PTO’s attorney’s fees….
Dorsey’s TMCA team has thoroughly covered the history of the dispute between the USPTO and Booking.com B.V., which started when the Trademark Trial and Appeals Board rejected the BOOKING.COM trademark as generic (covered here), and continued when the federal district court for the Eastern District…
Back in July 2017, the United States Patent and Trademark Office proposed a Streamlined Cancellation Proceeding (“SCP”) to expedite cancellation proceedings for challenges to registrations of allegedly unused marks. Following public comments, the PTO shelved the SCP. Instead of the SCP, the Trademark Trial and…
Andy Warhol once famously commented that “In the future everybody will be world famous for fifteen minutes.” For trademarks, fifteen minutes of fame is not sufficient to assert a trademark dilution claim. The timing of when a mark first became famous and how long that…
The USPTO issued an unusual advisory bulletin last week, warning the public of a rash of “unauthorized changes” to active trademark applications and registrations. The bulletin, which can be found here, reveals that the PTO believes these may be part of a potential “scheme to…
In light of ongoing litigation over an applicant’s effort to register the mark FUCT for wearing apparel, the USPTO recently issued an Examination Guide concerning the review of trademark applications under Section 2(a) of the Lanham Act, which bars registration of marks that consist of…
The United States Patent and Trademark Office rejects trademark applications when it determines that the use of the mark is unlawful under the Controlled Substances Act. See In re Brown, 119 USPQ.2d 1350 (TTAB 2016) In the Weeds Between Federal and State Law: Brand Name for…
Hello loyal TMCA readers – This is the first installment of what we hope to be an informative series of posts called Quirky Questions: TMCA Edition. Our labor and employment colleagues have a great blog, Quirky Questions, where they answer unanticipated questions regarding workforce issues….
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...
