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Likelihood of Confusion May Be Unpredictable

USA - April 13 2022 Two decisions by the Trademark Trial and Appeal Board (TTAB) illustrate the difficulty of predicting whether a likelihood of confusion will be found…

A Trademark is Not a Copyright or a Patent

Global, USA - January 5 2022 Although trademarks, copyrights, patents, and trade secrets all c oncern intangible property rights and overlap to some extent, they differ from each…

A Trademark May—or May Not—be Aesthetically Functional

USA - January 5 2022 When one party’s trademark is used ornamentally on another party’s product, that use may be protected by the aesthetic functionality defense, or that…

You may not Realize that your Trademark is Deceptive

USA - November 18 2021 Choosing a trademark with an appealing connotation normally is desirable. But if the mark conveys a plausible but false idea about some aspect of the…

Beware of Scam Trademark Notices

Global, USA - November 9 2021 A trademark owner should exercise caution to avoid paying a scam artist who sends a trademark notice requiring payment of a substantial "fee…