TTAB filing statistics for 2019 reveal an increase in contested proceedings combined with greater delays in rendering final decisions.
The data, made available by the U.S. Trademark Trial and Appeal Board, reflects an increase in activity by litigants in both trademark opposition and trademark cancellation proceedings. Our 2018 summary is found here. Relevant 2019 data
In a case that could have far-reaching implications, the U.S Supreme Court has ruled that an Asian-American rock band is entitled to a federal trademark registration of its name.
The band, The Slants, had originally had its trademark application refused by the Trademark Office because “the applied-for mark consists of or includes matter which may
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
Sorry mom and dad — guess that all my expensive legal training was for naught.
Over the past several years, online technology has spurned a cottage industry of trademark filers, business consultants, and trademark lawyers who will gladly file a trademark application for the lowest dollar amount possible. Attention shoppers! Who knew that being a
Target Brands, Inc., the well-known multichannel retailer, recently received affirmation from the U.S. Trademark Trial and Appeal Board that its “bullseye” design mark is a moniker that deserves to be respected.
In Target Brands, Inc. v. Artificer Life Corp., Target had opposed two trademark applications for registration of the mark ARTIFICER and Design for a
We often receive inquiries from domestic and international companies on how to oppose a U.S. trademark application that is filed with the United States Patent and Trademark Office. There are several components to this question that require a brief explanation.
What is an Opposition? When a party files a trademark application in the United States,
U.S. Trademark application filings are steadily on the rise, according to 2013 year-end figures released by the U.S. Patent and Trademark Office.
Electric and scientific apparatus goods in International Class 9 continue to be the leading class of goods for which U.S. trademark protection is being sought in the Trademark Office, with Advertising and
As a Connecticut trademark attorney, I often advise clients on the trademark registration process and what legal rights a United States Trademark registration grants. Since there are many misunderstandings about trademark law, it is worthwhile to briefly discuss some best practices on how to protect trademarks and brand names here:
1. Begin with a Full
Let’s suppose that your business has filed a trademark application, and it has been approved for registration by the United States Patent and Trademark Office. Does that mean that you now have been awarded a trademark registration? No!
Each and every trademark application that gets approved for registration first must be published in the Official
Candace Nelson, a judge on the Food Network’s successful show, Cupcake Wars, is in her own battle after suing a Fairfield, Connecticut based business for trademark infringement. Nelson’s company, Sprinkles Cupcakes, Inc., has filed a lawsuit in Connecticut District Court alleging that Pink Sprinkles LLC of Fairfield has committed trademark infringement based on Pink Sprinkles’s