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361 results found

Article

Proskauer Rose LLP | USA | 26 Oct 2020

Supreme Court to Weigh in on Constitutionality of Patent and Trial Appeal Board Appointments

The Supreme Court recently granted three petitions for certiorari challenging the Federal Circuit’s holding in Arthrex v. Smith & Nephew that…
Article

Seyfarth Shaw LLP | USA | 6 Oct 2020

Yes, Really: The TTAB Affirms That the USPTO Will Not Register Marks for Illegal Goods

Trademark owners in the cannabis field keep trying new ways to register their marks, and who can blame them? Branding is everything in an…
Article

Cowan Liebowitz & Latman PC | Global, USA | 26 Aug 2020

How A Non-U.S. Trademark Applicant Establishes a Bona Fide Intent to Use in U.S. Commerce

A non-U.S. applicant seeking to register a mark in the U.S. without having used it in U.S. commerce normally should take affirmative steps to…
Article

McDermott Will & Emery | Australia, USA | 5 Aug 2020

The naked truth about trademark cancellation: only harm, no proprietary interest required

The US Court of Appeals for the Federal Circuit determined that a contracting party that contractually abandoned any proprietary interest in a mark…
Article

Wilson Elser | USA | 6 Jul 2020

TTAB Issues Precedential Decision Affirming Unlawful Use Refusal of Trademark Registration for Ingestible CBD Supplements Based on Food, Drug and Cosmetics Act

Federal registration of trademarks for cannabis and hemp goods and services remains elusive for many mark holders in light of the continued…
Article

Klein Moynihan Turco LLP | USA | 23 Jun 2020

TTAB Prohibits Registration of CBD Trademark - Klein Moynihan Turco

Getting a CBD trademark is not as easy as one would think. In 2015, Stanley Brothers Social Enterprises, LLC (“Stanley Brothers”) applied for…
Article

Cantor Colburn LLP | USA | 18 May 2020

TTAB Rulings' Preclusive Effect 5 Years After B&B Hardware

The Court held that decisions of the USPTO’s Trademark Trial and Appeal Board (“TTAB”) on the issue of likelihood of confusion (“LOC”) in an inter…
Article

Kelley Drye & Warren LLP | USA | 30 Apr 2020

USPTO Extends CARES Act Relief for Trademark Applicants, Owners, and Litigants Facing COVID-19 Related Business Disruptions

While the offices of the United States Patent and Trademark Office (USPTO) are closed to the public due to the COVID-19 pandemic, the USPTO remains…
Article

Procopio Cory Hargreaves & Savitch LLP | USA | 27 Apr 2020

USPTO Targets Fraud Through Trademark Rule Changes

In an effort to prevent fraudulent filings, the U.S. Patent and Trademark Office (USPTO) has instituted several changes to its trademark application…
Article

Hunton Andrews Kurth LLP | USA | 24 Apr 2020

Your Color-Based Product Packaging Mark Might Be Protectable Trade Dress

Trade dress, which includes the total look of a product (size, shape, color) is registrable as a trademark if, like a trademark, it identifies the…
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