Category

Trademark Registration
Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have bred and created be trademarked? Generally, the answer is no. Varietal or cultivar names are designations given to cultivated varieties or subspecies of live plants or agricultural seeds and they amount to...
Read More
The COVID-19 pandemic has brought about significant changes across our lives, including—believe it or not—in the realm of trademark law. On December 27, 2020, the “Trademark Modernization Act of 2020” (the “Act”) became law, as part of a COVID-19 relief and spending bill. If you are thinking about embarking on the journey to owning a...
Read More
Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of intellectual property rights? A common and growing occurrence comes when one takes an attribute of a famous athlete (like a number), puts it with that athlete’s team color scheme, and the next...
Read More
SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S....
Read More
The Deceptively Misdescriptiveness Rejection
The ‘Deceptively Misdescriptiveness’ Rejection Deceptively Misdescriptiveness – There are many reasons your trademark application may be denied. One of the more unique reasons is something called “deceptively misdescriptiveness.” Your first question is probably “what does that even mean?” A mark is considered deceptively misdescriptive if it describes an ingredient, quality, characteristic, function, or feature of...
Read More
The Trademark Registration Process Part 3
The Trademark Registration Process Part 3 Trademark Registration Process Part 3 – In Trademark Registration Part 2 of the trademark registration process we looked at the process for obtaining Federal registration of a mark.  Today, in tademark registration process part 3, we conclude with some miscellaneous, but still important, issues in the trademark registration process....
Read More
Can Government Entity Trademark Insignia?
Can Government Entity Trademark Insignia? Government Entity Trademark Their Insignia? – Today we look at an interesting case, In Re City of Houston, before the United States Court of Appeals for the Federal Circuit.  This case consolidated two cases, one brought by the city of Houston, Texas, and the other by the government of the District of...
Read More
The Trademark Registration Process Part 2
Registration Process for Trademark Part 2 Registration Process – Part 2 – Once the use in commerce (or intent to use) requirement is satisfied by the aspiring trademark registrant, the next step is to file an application for Federal registration with the United States Patent and Trademark Office (“USPTO” or “Trademark Office”).  The use requirement...
Read More
The Trademark Registration Process
The Trademark Registration Process Trademark Registration Process – How does one go about registering a trademark?  What are some of the requirements in order to obtain protection?  There are many steps and several issues to consider, but overall the process is not arcane or excessively complicated (unlike, for instance, the steps necessary to obtain a...
Read More
When Terms are Merely Descriptive Part 2
When Terms are Merely Descriptive Part 2 Merely Descriptive Part 2 – Today we continue our discussion of certain interesting topics within the larger question of when certain terms are classified as merely descriptive.  The classification of a term as a descriptive mark carries with it the consequence that the mark receives no protection whatsoever unless secondary...
Read More
1 2

Recent Articles

The Accidental Franchise
The Accidental Franchise: Trademark Licensing and the Dangers of Overreach
September 6, 2021
Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite
April 26, 2021
Trademark Modernization Act of 2020: Increasing Protective Measures
March 1, 2021