Collen IP

Trademark Functionality is the Price of Admission
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.
Trademark Second Opinions Becoming More Popular with Companies
A commonplace practice of medical patients is growing in popularity with the trademark departments of companies throughout the United States — the legal second opinion.
With companies demanding more from outside trademark law firms, second legal opinions simply make sense. According to a Chicago medical malpractice lawyer, it has been estimated that approximately 40%…
Team Kylie? Minogue Battles it out with Jenner for Trademark Rights
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…
Brick Bodies® Stays Fit in Trademark Opposition Case Against BrikFitness™ Mark
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…
2015 Trademark Opposition and Cancellation Statistics
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…
Best Practices for Trademark Portfolio Management
Managing a trademark portfolio continues to present unique and often complex challenges for inhouse counsel and trademark administrators. Professional organizations such as the International Trademark Association (INTA) and Association of Corporate Counsel (ACC) provide excellent networking opportunities and educational materials for in-house personnel to share best practices to help make their jobs easier. In addition,…
U.S. Supreme Court Ruling Makes Trademark Opposition Complaints Likely to 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…
Trademark Opposition Values for Trademark Owners
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.
Trademark Opposition Basics
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The #1 Trademark Protection Secret of 2015
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…