Trademark
Trademark Modernization Act Provides New Tools to Cancel or Stop Trademark Registrations
The Trademark Modernization Act of 2020 (the Act), signed into law on December 27, 2020, will give trademark owners powerful new tools to cancel improperly granted trademark registrations and to stop pending registrations from being granted. By no later than December 27, 2021, the Act requires the U.S. Patent and Trademark Office (USPTO) to implement […]
Supreme Court to Hear “Not-So-Generic” Case Regarding Generic Trademarks
UPDATE: In an 8-1 decision, the Court found in favor of Booking.com and held that its trademark was entitled to registration (Patent and Trademark Office v. Booking.com B. V.). The Court reasoned that since one entity can own an Internet domain name at the same time that a domain name can serve a source-indicating function […]
New Rule Requires U.S. Counsel to Represent Foreign Trademark Applicants and Registrants
The U.S. Patent and Trademark Office (USPTO) issued a new rule that requires foreign trademark applicants and registrants to be represented by an attorney licensed in the United States. Under the U.S. counsel rule, codified at 37 C.F.R. § 2.11(a), any trademark applicant or registrant domiciled outside of the United States must retain U.S. counsel to […]
Pilot Program Updates Trademark Registrations with New Technology
What do phonograph records, cassette tapes, CDs, and downloadable mp3 files have in common? They are all products whose trademarks are registered in class 9 (class 9 covers scientific and electronic goods). They also embody sound recordings on media that are in varying stages of obsolescence. Forty years ago, a record company may have sold […]
Understanding Trademarks
Trademarks are valuable assets of businesses and non-profit organizations. A carefully-selected trademark can help a business distinguish itself in the marketplace and create a lasting impression with consumers…
Trademark “Junk Mail” Can Deceive Applicants
Federal trademark applicants should exercise care to protect themselves from purchasing unnecessary or useless trademark-related services. The addresses of all U.S. trademark applicants are a matter of public record. Shortly after applying for federal trademark registration most applicants receive unsolicited junk mail, which usually offers “trademark protection” services, domain name registration services, or international trademark […]
Protecting Trademark Rights in Foreign Countries
Businesses and non-profit organizations that provide their products or services in at least one foreign country should consider protecting their trademarks in the countries in which they operate. A U.S. trademark registration will not likely deter others in foreign countries from infringing a trademark if the trademark is not protected in the foreign country. International […]