Posts Tagged: "trademark registration"

CAFC Says Fraud in Incontestability Filing Does Not Kill Trademark Registration

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday ruled in a precedential decision  that the U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark. In the present case, the attorney for Great Concepts, LLC submitted a false declaration to the USPTO in an attempt to obtain incontestable status for the mark DANTANNA’S for a steak and seafood restaurant.

Latest Developments in U.S. Trademark Registrations for Cannabis Products

Despite efforts to legalize marijuana, cannabis remains unlawful under U.S. federal law. This means that it is not possible to obtain federal trademark registrations for marks used in connection with cannabis goods or services. Federal registrations for Cannabidiol (CBD) products or services are similarly very difficult to obtain. The law on this topic is developing quickly. For those in this commercial space, it often feels as if the legal sands are shifting beneath their feet. Best practices for their brand protection can be difficult to navigate. The purpose of this article is to provide a brief overview of where the federal law currently stands and where it may be headed.

Apparel Trademarks: How the Mere Ornamentation Technicality May Be Undermining Your Brand

The value of your company’s intellectual property cannot be understated, particularly in the current economic climate. But this should not be news to you, especially if you are in the business of displaying your brand name or logo on merchandise for sale. In that case, you know how important it is to protect your trademarks, so as to thwart the attempts of opportunistic parties that seize upon your IP for their own profit. Case in point: online companies selling apparel featuring the names, logos, and even mascots of high schools and colleges nationwide without any prior authorization to do so. How do businesses like these get away with what seems to be a fundamentally illegal business model—selling knockoff hoodies, tees, and similar spirit wear?

Trademark Lessons from BLACK LIVES MATTER Name Confusion

Many people are looking for ways to support the Black community and to encourage police reform following the death of George Floyd and others by police. One of the most common ways to provide support has been to organize fundraisers and donate money to nonprofits and grassroots organizations coordinating these efforts. Unfortunately, organizations sometimes adopt similar names or slogans, and donations can be misdirected. In one recent example, donors who thought they were donating to the Black Lives Matter movement—operated under the name Black Lives Matter Global Network (BLMGN)—mistakenly designated funds to an unrelated nonprofit called the Black Lives Matter Foundation. The Black Lives Matter Foundation has a very similar name to the Black Lives Matter movement, but a different mission. Donors were dismayed to discover that they had inadvertently committed funds to the wrong organization.

International Trademark Filing Strategies: How, When & Where to File a Trademark Outside the U.S.

International trademarks were once only necessary for large scale businesses and corporations. In today’s global marketplace, however, nearly any business, especially a business with online exposure, should consider filing for an international trademark. With the rise of counterfeiters and cybersquatters in other countries, like China, protecting your brand at home and across the world may be more critical than ever. Having a strategic trademark plan on a global scale will ensure your brand’s value will be managed by you, not an imposter from a country half the world away. Consider the following as you begin the process to register your trademark internationally.