Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: TTAB

Design Patents and Trade Dress

Posted in Patents, Registrations, Trade Dress, Trademark Basics, Trademarks
There are several different kinds of intellectual property protection (e.g., trademarks, patents, and copyrights). The borders between the types of protection are not always clear, and it may be that some subject matter is eligible for protection in more than one category. Conversely, it may be that qualifying for protection in one category excludes the… Continue Reading

March! What a month! (Part 1)

Posted in Brands, Copyright, Registrations, Trademarks
No, I’m not going to write about MARCH MADNESS® – that annual ritual of college basketball and the NCAA® basketball tournament. Rather, I’m writing about the crazy winter weather which battered the East Coast with four Nor’Easter storms dumping record snowfall this March. After last week’s Storm Skylar and this week’s Storm Toby, some parts… Continue Reading

Specimen Pilot Program

Posted in Brands, Copyright, Trademarks
The United States Patent and Trademark Office (the “PTO”) has launched a new pilot program designed to ensure that specimens of use submitted to the PTO reflect actual use of the mark in commerce. A mark is “used in commerce” within the meaning of the federal trademark statute (the Lanham Act) when the mark is… Continue Reading

Promoter of Pugilist Products Fails to Prove Priority

Posted in Brands, Trademarks
In a case of first impression, the Trademark Trial and Appeal Board (the “TTAB”) decided that a licensee, even an exclusive licensee who has been appointed by the licensor as its representative for protecting intellectual property rights, cannot assert her licensor’s purported priority rights to prevail in a claim of likelihood of confusion. Moreno v.… Continue Reading

Use It (in Commerce) or Lose It!

Posted in Trademarks
Before a U.S. application filed on an in-use or intent-to-use basis may proceed to registration, the applicant must show that the mark has been used in commerce.  Being right about whether the mark has been used in commerce is important. In fact, the validity of the resulting registration may depend on it. Using a mark… Continue Reading

Does One Life Matter?

Posted in Trademarks
No.  At least not according to a recent decision rendered earlier this month by three judge panel at the Trademark Trial and Appeal Board. The Applicant, Tres Vidas Organic, Inc., sought to register the following mark for tequila and tequila infused with vitamins:   The English translation of “TRES VIDAS” is three lives. Unfortunately for… Continue Reading

Unfair Competition is Such a Headache

Posted in Trademarks
This week, in Belmora LLC v. Bayer Consumer Care AG and Bayer Healthcare LLC, Appeal No. 15-2335 (March 23, 2016), the U.S. Court of Appeals for the Fourth Circuit held that the Lanham Act permits plaintiffs to bring false advertising, false association, and trademark cancellation claims in the U.S., even if those plaintiffs do not… Continue Reading

Timing is Everything

Posted in Patents
“The trouble with being punctual is that there`s nobody there to appreciate it.” Franklin Pierce Jones may have said this, but my friends probably feel the same way. Timing does matter, though. This is most recently illustrated in the trademark context by 3PMC LLC v Huggins, Opp. No. 91219982 (TTAB Jul. 24, 2015). Had the… Continue Reading

Arguing Before The Trademark Trial and Appeal Board

Posted in Patents, Trademarks
Today I argued before a three-judge panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”). The TTAB is comprised of twenty-three administrative judges who settle disputes regarding trademark registration.  The disputes can be between two parties who have a conflict regarding rights to register a mark under U.S. trademark laws, or… Continue Reading

What are “Crisps”?

Posted in Trademarks, Uncategorized
England and America are two countries separated by a common language. –George Bernard Shaw How true, how true. Take the word “lift” for instance.  Here in America, that’s what I do when I go pick up my longtime partner and friend, Joel Beres, at his condominium to give him a “lift” to a University of… Continue Reading

Redskins Trademark Registrations Cancelled…but Why?

Posted in Trademarks
Kevin has given us a play-by-play on the developments of the cancellation proceeding before the Trademark Trial and Appeal Board (“TTAB”) involving Washington Redskins trademarks. Nearly a week has passed and it remains a hot button issue, particularly here in DC. While we all seem to understand that a number of trademark registrations were cancelled by the… Continue Reading

Washington Redskins Trademarks Cancelled as Disparaging

Posted in Brands, Trademarks
A few weeks ago, we predicted that a Federal Circuit ruling affirming a decision by the Trademark Trial and Appeal Board (“TTAB”) regarding disparagement may impact the trademarks registered for the Washington Redskins. Earlier today, in a landmark decision, the TTAB ruled that six federal registrations for the “Redskins” trademarks must be cancelled after finding that the term was disparaging… Continue Reading