The US Trademark Trial and Appeal Board has upheld an opposition to the registration of the slogan “remember this name” as a trademark for legal services on the ground that the phrase does not function as a service mark.
In a case involving the use of EATRIGHT AMERICA on food products, the US Court of Appeals for the Ninth Circuit has vacated a district court’s grant of summary judgment.
In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.
LegalForce founder Raj Abhyanker has filed an amended complaint in his litigation battle with LegalZoom. In turn, LegalZoom has defended its practices but, with the USPTO also in Abhyanker’s sights, the case is one that trademark counsel should follow closely.
In our latest round-up, we look at how a trademark scammer has rebranded, how a trademark may offer clues on the company that has hit headlines across the world, Cambridge Analytica, and much more.
In Commodores Entertainment Corp v McClary, the US Court of Appeals for the 11th Circuit has upheld a permanent injunction precluding a musician from using the trademarks of his former band.
Clearing and registering pharmaceutical trademarks in the United States are often more complex and challenging than in other countries. This is due in large part to the requirement that the Food and Drug Administration approve all pharmaceutical trade and generic names.
The United States Patent & Trademark Office (USPTO) has launched a pilot program to help combat improper specimens on trademark applications. The move has been welcomed, although one expert calls for more to be done.
A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.
Registrations for sound trademarks are becoming more prevalent at major IP registries around the world. We look at some of the opportunities for sound marks, as well as common challenges and how to overcome them.
The recent Marketquest decision offers important insight into reverse confusion claims, providing a road map for using a senior user’s mark comprising descriptive terms to market a junior user’s product.
The sheer scope of online counterfeiting and the anonymity that the Internet provides counterfeiters necessitate that brand owners look to internet service providers – whose roles in the world of e-commerce are essential – for assistance in blocking or preventing counterfeiters from using their services.
A new study finds that most common words are already registered as single-word trademarks at the USPTO. The paper's author describes the finding as "disturbing".
In a new multi-part series, World Trademark Review identifies the IP offices leading the way in offering innovative non-core tools and services – and the registries trailing behind.
The USPTO has filed a petition for a rehearing en banc in In re: Brunetti, an effort to maintain a ban on scandalous marks. Legal experts are sceptical about the move, telling us that the government faces an “uphill battle” to reverse the Federal Circuit’s ruling.