Intellectual Property Law Knowledge Center

Posts Tagged ‘trademarks’

U.S. Trademark Office Makes Process Changes to Combat Bad Faith Filings

May 12th, 2020

The ongoing pandemic of COVID-19 has changed the way the United States Patent and Trademark Office operates, but the work of protecting intellectual property continues, albeit in a different manner. So, when a public meeting of the Trademark Public Advisory Committee (TPAC) was held on April 17, 2020, it was held online.

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Supreme Court Ushers in Flexible Rule for Profit Payouts in Trademark Cases

May 4th, 2020

A plaintiff in a trademark infringement suit is not required to show willful infringement by the defendant to be awarded profits.

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Are You Offended?: Scandalous and Disparaging Trademarks

January 17th, 2019

Not every name or brand is eligible for federal trademark registration with the U.S. Patent & Trademark Office (USPTO). One of the reasons the USPTO might reject an application to register a trademark is because the trademark is considered offensive.

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Waiting to Enforce your Trademark Rights

November 20th, 2018

Owning a trademark brings certain benefits and obligations. If you are the first entity in a particular geographic area to use a distinctive word (or phrase, logo, color, etc.) to sell a product or to provide a service, then you may claim exclusive rights in that area for that trademark on those products or services. Your trademark rights allow you to preclude subsequent entities in the same area from using the same, or confusingly similar, trademark on related products or services.

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What do the ™, ℠, ®, ©, and “Pat. Pend.” Symbols Mean? How should I use them?

September 5th, 2018

Intellectual property assets are valuable. One way to maintain the value of those assets is to correctly use the applicable notice, shown as symbols or specific phrasing, that publicly designate the type of protection claimed.

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Inter Partes Reviews – A Brief Primer, Recent Supreme Court Rulings, and the USPTO’s Notice of Proposed Changes

May 21st, 2018

Inter partes reviews (IPRs) were enacted on September 16, 2012, as part of the America Invents Act (AIA) passed by Congress.

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Why Enroll Your Trademark in the Amazon Brand Registry?

March 15th, 2018

Selling on Amazon is nearly ubiquitous, so it’s imperative to protect your brand – your trademark – across the platform. Amazon has made it easier to do so by overhauling its Brand Registry last year and creating, in their own words, “an accurate and trusted experience for customers.” As a brand owner, you must have a dual focus on strengthening and protecting your brand while also engaging and serving your customers. The Amazon Brand Registry supports this dual focus.

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Here Comes the Rush to Trademark ‘Philly Special’

February 28th, 2018

One of the Philadelphia Eagles Super Bowl victory’s most memorable moments witnessed was a gutsy play that the team called the “Philly Special.” It was one of the boldest calls in Super Bowl history, and it has inspired some bold moves at the U.S. Patent and Trademark Office (“USPTO”), as well. As the term “Philly Special” has spread like wildfire through Eagles’ fandom, quick-thinking entrepreneurs have raced to capitalize on it, filing trademark applications to secure the rights to those golden words.

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SCOTUS Rules Trademark Disparagement Clause Unconstitutional

June 22nd, 2017

The U.S. Supreme Court recently ruled that the U.S. Trademark Office’s refusal to register “The Slants” as a trademark for an Oregon-based rock band was unconstitutional. This is a case the trademark attorneys at Panitch Schwarze have been watching closely, as this landmark decision could reshape U.S. trademark law significantly.

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark Office approve or deny trademark registrations on grounds that may limit speech?

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