Not all trademarks are created equal.
In a decision of a rarely invoked dictum of trademark law, the U.S. Trademark Trial and Appeal Board ruled that the phrase I BELIEVE THAT WE WILL WIN failed to function as a trademark and thus was not entitled to registration. The case, United States Soccer Federation, Inc. v.
What’s in a name? In the case of two publicly-known personalities and merchandisers, it could mean millions of dollars.
Kylie Minogue, singer and actress, has filed a notice of opposition with the U.S. Trademark Trial and Appeal Board against Kylie Jenner’s application for registration of the mark KYLIE for a wide variety of goods and
In a recent case before the U.S. Trademark Trial and Appeal Board, the TTAB provided useful guidance regarding the burden of proof that parties must meet in trademark opposition proceedings.
In Brick Bodies Fitness Services, Inc v. BRIK Fitness Solutions LLC, the Board held that the mark BRIK FITNESS and Design was likely to cause
The United States Patent and Trademark Office recently released its TTAB filing and performance statistics for the fiscal year 2015.
While there have not been any substantial deviations from 2014 filing statistics, the recent Supreme Court decision in B & B Hardware, Inc. v. Hargis Industries, Inc. will most likely result in an increase
In a decision with wide-ranging implications to trademark owners everywhere, the U.S. Supreme Court has just ruled that in certain cases, brand owners may be precluded from bringing claims or defenses based on trademark infringement in U.S. District Court if the issue of likelihood of confusion was previously adjudicated in a trademark opposition proceeding before
Each year, companies spend millions of dollars to protect their valuable brand names from competitors.
While a majority of such enforcement efforts take place online and in federal courts, one of the most effective tools for trademark enforcement resides within the confines of the U.S. Patent and Trademark Office: the trademark opposition.
In business, there are some secrets worth sharing – particularly if they can help maximize profits and mitigate risks. And while many innovative ideas are not necessarily original, merely bringing oft-neglected ones into the light can do a lot of good for companies that wish to use them to their competitive advantage. So with this
Each year, thousands of companies seek to register their trademarks with the United States Patent and Trademark Office. But there is an interesting fact that nationally-advertised trademark registration services do not publish: over 33% of trademark applications get refused by the U.S. Trademark Office.
That’s right: obtaining a trademark registration is more complicated than LegalZoom would like you to believe.
Even after the U.S. Patent and Trademark Office has preliminarily approved a trademark application, any company or individual who believes that it may be injured by the registration has the right to object to the trademark application. This is done by preparing and filing a Notice of Opposition with the U.S. Trademark Trial and Appeal Board.Continue Reading Receive a Notice Of Opposition? You’re not Alone.
Here’s another example of how the naming of trademarks is often influenced by references to pop-culture.
In a recent U.S. trademark opposition decision, the Trademark Trial and Appeal Board ruled that the mark SUNNY HAZE for beer was confusingly similar to PURPLE HAZE, for inter alia, beer, so as to prevent registration. In the case, Abita Brewing Company LLC v. Mother Earth Brewing, LLC, the Board was faced with considering whether the Sunny Haze mark of Applicant for “beer, and brew malt-based alcoholic beverage in the nature of beer” was confusingly similar to Opposer’s Purple Haze mark for “beer, ale, lager, and malt liquor.” In its Notice of Opposition, the Opposer also relied on two of its other registrations for the Purple Haze mark for “shirts, caps, headwear, and beverageware.”Continue Reading Purple Haze is a Strong Trademark for Beer but Apparently not for Hendrix
If U.S. Trademark Trial and Appeal Board rulings are any indication, the “force” is apparently with those who invest substantial sums of money into advertising and promoting their brand names.
In a recent decision before the TTAB, Salesforce.com Inc. was successful in preventing Edataforce Consulting, LLC from asserting its rights in and to the mark EDATAFORCE for registration on the Principal Register. One of the influencing factors supporting judgment in favor of Salesforce.com was its substantial investment in the marketing and advertising of its pleaded family of “FORCE” marks and corresponding sales associated with the subject marks.Continue Reading Salesforce® Flexes its Muscles before the TTAB