A federal registration of a trademark with the United States Patent and Trademark Office constitutes constructive notice of a registrant’s claim of ownership thereof. Pursuant to 15 U.S.C. §1111, a registrant may give notice that the mark is registered by displaying with the mark the words “registered in U.S. Patent and Trademark Office” or “reg.
trademark
Bookings.com: Supreme Court Rejects Bright-Line Rule on Generic Terms
In United States Patent & Trademark Office v. Booking.com B. V.,[1] SCOTUS held that a mark styled as “generic.com” is eligible for federal trademark registration if the applicant shows “generic.com” is not a generic name to consumers. Although the Court did not expressly say so, this decision chips away…
USPTO Again Extends Certain Patent and Trademark Deadlines Through May 31, 2020
We previously reported that the United States Patent and Trademark Office granted a 30 day extension for many proceedings in response to the COVID-19 pandemic. The time period for this extension has been extended. As of time of publication, the USPTO has issued Orders granting a 30 day extension for (1) the specific filings set…
People are Seriously Trying to Trademark “Coronavirus”
The COVID-19 pandemic has made people race to wash hands, stock up on toilet paper and sanitizer, and transition to working from home. But a separate group of “opportunistic” individuals have run another race—to the United States Patent and Trademark Office. As of April 2, 2020, more than 85 trademark applications have been filed for…
USPTO Extends Certain Patent and Trademark Deadlines Under CARES Act
In addition to providing financial support to individuals and small business, the much discussed CARES Act also authorized government agencies like the US Patent and Trademark Office (USPTO) to extend certain deadlines prescribed by statute. As of time of publication, the USPTO has granted a 30 day extension for (1) the specific filings set forth…
Caramel deLites v. Samoas – What’s in a name?
It’s Girl Scout Cookie Time! The arrival of those industrious young women and the delicious products they peddle is always a welcome time of year at our home. We have been waiting for a year to get our Samoas fix. This year we scoured the product list, but no Samoas. Our astute Girl Scout representative…
Disparaging and Scandalous Trademarks Fair Game for Trademark Protection
For over 70 years, the Lanham Trademark Act has banned the federal registration of any trademark comprised of “immoral, deceptive, or scandalous matter” or matter which may “disparage. . . or bring [persons, institutions, beliefs or national symbols] into contempt or disrepute.” Over the years, the application of the U.S. Patent…
Got a “Blank Space” Next to Your Slogan? Try a Trademark…
Singer-songwriter Taylor Swift is primarily known for her musical talents, but the pop star has recently made headlines for her work in the intellectual property realm. According to the database of the United States Patent and Trademark Office (“USPTO”), Swift has filed several trademark applications to register catchphrases from her 2014 album 1989. Swift…
Protection of Trademarks from Cybersquatters
In 1999, the Internet Corporation for Assigned Names and Numbers (“ICANN”) adopted the Uniform Domain-Name Dispute-Resolution Policy (UDRP) which established a system for dispute resolution between owners of internet domain names and trademark owners. The UDRP allows a trademark owner to file a complaint with various administrative bodies, such as the National Arbitration Forum, by…