When a company discovers that a competitor has filed a trademark application for a brand name that may be deemed confusingly similar to its own, it has an effective alternative to expensive U.S. District Court litigation: oppose the trademark application by filing a notice of opposition with the U.S. Trademark Trial and Appeal Board (“TTAB”).
Here are 3 considerations when considering to file a trademark opposition proceeding:Continue Reading Opposing a Trademark Application: Getting Started
Every in-house counsel knows the importance of protecting his or her client’s trademark portfolio from potentially confusingly similar trademarks. So how do the best in-house counsel put their limited legal budgets to good use when considering when (or when not) to file a trademark opposition?
To quote the knight in Indiana Jones and The Last Crusade: they “choose wisely.”
Here are some tips on how to execute a simple and effective, U.S. trademark portfolio protection strategy.Continue Reading Trademark Opposition Strategies for In House-Counsel
Trademark enforcement programs, also known as trademark monitoring programs, provide an important and proactive means for companies to monitor the commercial marketplace and federal and state trademark registries for possible trademark infringement violations.
Companies should consider the following steps to properly protect their valuable trademarks rights in the United States:
1. Conduct a Trademark Audit
Trademark owners who are considering whether to bring a trademark opposition should keep in mind the Boy Scouts® motto: be prepared. Not all trademark opposition cases are alike; therefore in assessing the strength of a particular case, it is wise to consider three elements that could have a significant impact on the likelihood of
3M, the originator of the famous POST-IT® brand of adhesive notes, recently prevailed in opposing the trademark application of an applicant that attempted to register the mark “Flag-it” for similar labeling goods.
In the case, 3M Company v. Professional Gallery, Inc., the Applicant, had applied to register the mark FLAG-IT! in standard characters for “adhesive-backed
The Trademark Trial and Appeal Board is quick to throw the flag — just ask the NFL and New York Giants.
In the matter of In re New York Football Giants, Inc., the TTAB sent a strong signal in upholding the Trademark Examiner’s refusal to register the Giants’ trademark for G-MEN for “shirts, t-shirts,
The failure to protect valuable brand names can lead to loss of competitive advantage. Since most companies intangible assets are valued greater than their physical assets and inventory, the importance of trademark protection is becoming more apparent to corporate leaders.
Case in point? The highly competitive beverage industry.
As reported by the good folks at
Take cover, a trademark gunfight is brewing!
The First Shot: Duke University
John Wayne, our matinee idol, the symbol of the American West, is being tested once again. No, not on the silver screen, but before the U.S. Trademark Trial and Appeal Board. His antagonist? Duke University, best known for stellar academics, bucolic settings, and
Zillow may now be larger with its recent acquisition of Trulia, but not as big as LoanZilla!
In a recent decision of the U.S. Trademark Trial and Appeal Board, the Board dismissed Zillow’s trademark opposition proceeding against LoanZilla, finding no likelihood of confusion between the parties’ respective trademarks.
The case, Zillow, Inc. v. Super T
