Not all trademark opposition proceedings proceed to a final decision. In fact, the vast majority of trademark opposition disputes are resolved between the parties or involve trademark mediation. Estimates are that over 90% of cases before the U.S. Trademark Trial and Appeal Board amicably settled before trial.
Short of the cost and expense of
Trademark cancellation proceedings based on abandonment continue to present challenges to trademark registrants. In the latest case before the US Trademark Trial and Appeal Board, however, the registrant’s trademark registration was spared.
In AD5 Inc. v. Jennifer M. Estes dba #SELFiE T’s, the Petitioner sought to cancel Reg. No. 4642072 of the Registrants #SELFIE
A trademark opposition involving beverage trademarks was the subject of our most recent post. Now, we review a trademark cancellation dispute between two beverage trademark owners. In both proceedings, the grounds were a likelihood of confusion pursuant to Section 2(d) of the Trademark Act.
For purposes of likelihood of confusion, not all beverage trademarks are created equal.
In Patrón Spirits International AG v. Conyngham Brewing Company, the Applicant sought registration of the mark PIRATE PISS for “beer, ale, and lager” in International Class 32. Opposer Patron had opposed the application based on its ownership of the previously registered
We recently spoke with Thomas Huthwaite, senior associate at Baldwins, to discuss New Zealand trademark protection issues. Thomas has been named as “one to watch’” by the Legal 500 Asia-Pacific.
Please tell us a little about your trademark and brand protection practice.
I am a New Zealand barrister and solicitor, and registered Patent Attorney. Since
While seeking to cancel a trademark registration on the grounds that is generic is often difficult to prove, it is not impossible. Therefore, it is always prudent to be familiar with applicable rules and case law.
A generic term is the common descriptive term of a class of goods or services. Generic terms can never
We recently spoke with Blake Knowles, partner at Cullen’s, to discuss Australia trademark protection issues.
1. Please tell us a little about your background and brand protection experience.
Since joining Cullens, I have been responsible for managing, protecting and enforcing the trademark portfolios of several successful and well known Australian and overseas companies. I
The U.S. Trademark Trial and Appeal Board recently found no likelihood of confusion between two apparel marks.
In Manhattan International Trade, Inc. and Pure & Simple Concepts, Inc. v. Industrie IP Party, Limited, the Applicant sought to register the design mark FINEST QUALITY GARMENT MAKERS INDUSTRIE TURN OF THE CENTURY CLOTHING EST 1999 for clothing.
A recent trademark opposition case before the U.S. Trademark Trial and Appeal Board presents a discussion of priority based on common law rights.
In Mazama Brewing Company, LLC v. Sumerian Brewing Company, LLC, Applicant sought registration of the mark HOPRUPTION DOUBLE IPA for beer in Class 32. Opposer brought a motion for partial summary judgment
Trademark cancellation due to abandonment is the subject of a recent decision by the Trademark Trial and Appeal Board.
In Yazhong Investing Ltd. v. Multi-Media Tech. Ventures, Ltd., the Petitioner sought to cancel four registrations of the Respondent. The grounds for cancellation were fraud and abandonment. Petitioner also