Posts Tagged: abandonment


Weak Chinese Patent Applications and China’s Burgeoning Patent System

Bloomberg recently published an article providing data analysis on Chinese patent applications to claim that, while China receives more patent applications than any country, “most are worthless.” …

Trademark Food Fight: Did In-N-Out Burger Abandon the Triple Triple?

Smashburger asserts that In-N-Out stopped using the Triple Triple mark and thus, abandoned its rights, when the triple meat, triple cheese hamburger was rebranded as the 3X3 …
By Jennifer Ko Craft
2 years ago 0

CAFC Vacates TTAB, Refuses Bright-Line Rule to Distinguish Software from Services Rendered

The Federal Circuit vacated the Trademark Trial and Appeal Board’s (“Board”) cancellation of two JobDiva service mark registrations—one in whole and the other in part—…

TTAB Agrees with Parents Everywhere: Children do not hold the Control—Noble House v. Floorco

Subsidiaries of larger companies who are preparing to file a trademark application may want to think twice before deciding who to list as the Applicant. In April 2016, …
By Emily Scheible
3 years ago 0

Third-Party Use of Similar Marks Relevant to Strength of Opposer’s Trademark

The Federal Circuit explained that evidence of third-party use bears on the strength or weakness of an opposer’s mark. In this case, which arose as an …

Zombie Trademarks: Bringing a Trademark Back From The Dead

Unlike patents and copyrights, a trademark can exist in perpetuity so long as it is being used. And a mark has to be used to stay alive. …
By Beth Hutchens
7 years ago 3

Making Progress with Difficult Patent Applications

Some patent applications are difficult to get agreement on. The examiner won’t allow and the applicant won’t abandon. The net result is that office actions …
By Mark Nowotarski
9 years ago 10

Breakthroughs & Abandonment: Patent Abandon Rate is a Reliable Measure of Speculative Portfolios

Abandons per action can be interpreted as a level of speculation in applications. Applications that have high abandon rates are highly speculative. Most of the inventions described …
By Mark Nowotarski
9 years ago 10