In a recent precedential opinion in Monster Energy Company v. Coulter Ventures, LLC, Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023), the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies
Supreme Court Makes Waves With Abitron Ruling
On June 29, the Supreme Court issued its much-anticipated decision in Abitron Austria GmbH, et al., v. Hetronic International, Inc. (No. 21-1043). We wrote about the case history previously here. Briefly, the 10th Circuit had upheld a $90 million
Up in Smoke: TTAB Denies Registration for Cannabis Paraphernalia
The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).
Apple’s Tacking Attempt in Trademark Opposition Hits a Sour Note
On April 4, in Bertini v. Apple Inc., the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the limitations of tacking and its application in establishing priority in trademark disputes. This case sets an important precedent
TTAB Begins Pretrial Conference Pilot Program
This week, the United States Patent and Trademark Office (USPTO) introduced a new pilot program for holding Final Pretrial Conferences (FPC) in certain inter partes disputes (i.e., oppositions and cancellations) before the Trademark Trial and Appeal Board (TTAB). The goal
Do Not Be Fooled (Part 2): USPTO Issues Warning of Spoof Calls from Scammers
We have written previously on this blog warning of misleading solicitations. For years, scammers have impersonated the United States Patent and Trademark Office (USPTO) in mailings, seeking payments from trademark owners for nonexistent services, such as trademark renewals. This week
USPTO shortened office action response deadlines to go into effect in December
Starting on December 3, 2022, the timeframe for trademark applicants to respond to office actions at the U.S. Patent and Trademark Office (“USPTO”) will be shortened from six months to three months. This change is the result of the implementation
USPTO adopts new communication and electronic filing requirements
The U.S. Patent and Trademark Office (USPTO) has published a new Examination Guide, enacting certain requirements that will go into effect this Saturday, February 15, 2020. Among the new requirements are two important changes.
Most significantly, the USPTO will now
Do not be fooled — Misleading solicitations regarding your trademarks
Misleading trademark solicitations are becoming an epidemic. Trademark owners beware!
If you have registered a U.S. federal trademark, you may know that you must periodically make certain filings to maintain or renew your registration. For most post-registration maintenance filings, there is a one-year window in which to make the filing and a six-month grace period following the deadline.