Tagged: USPTO

USPTO Proposes Streamlined Cancellation Procedures

In its latest effort to clear deadwood from the Trademark Register, the United States Patent and Trademark Office (“PTO”) has issued a Notice of Proposed Rulemaking that proposes an expedited version of a cancellation proceeding known as a “Streamlined Proceeding.”  As described below, the proceedings continue reading...

THE DEVIL MADE ME DO IT

On June 9, 2017, Gene Simmons of Kiss rock band fame applied with the United States Patent and Trademark Office (“PTO”) to register the following mark for “Entertainment, namely, live performances by a musical artist; personal appearances by a musical artist” in Class 41:   continue reading...

A Trademark By Any Other Name…

The Lanham Act prohibits registration on the Principal Register of a mark that is “primarily merely a surname” unless an applicant can show that the mark has acquired secondary meaning such that consumers perceive the surname as an identifier of source.  15 U.S.C. § 1052(e)(4).  Alternatively, continue reading...

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a defendant/counterclaim plaintiff in a trademark infringement suit in continue reading...

Strike a Pose and Say “Trademark”

After visiting Rio to experience the Olympic Games a few weeks ago, I still feel like a winner.  One athlete who won big in Rio was Usain Bolt, who took home three medals in three Track and Field events during the Games this year.  Over continue reading...

USPTO to SCOTUS: SOS on the Lanham Act ASAP

Today, the USPTO made it official:  It formally requested the U.S. Supreme Court to review the en banc Federal Circuit decision that held Section 2(a) of the Lanham Act violated the First Amendment.  The USPTO’s Petition can be found here. At issue in the case continue reading...