Category

Trademark Registration
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
When are Terms Merely Descriptive? Part I
When are Terms Merely Descriptive? Part I We have previously discussed trademark issues with descriptive terms.  To recap, terms that are merely descriptive receive the least amount of trademark protection. A descriptive term, such as “Fish-Fry” – generally does not qualify for protection unless the term has acquired some form of secondary meaning in the perception of...
Read More
Supplemental Register & Your Descriptive Mark
Supplemental Register & Descriptive Mark Supplemental Register & Your Descriptive Mark – The U.S. Patent and Trademark Office (USPTO) is aware that not every business owner or organization is going to seek to employ fanciful marks like “Kleenex.” More likely than not, marks are going to be considered descriptive with words that describe an ingredient,...
Read More
1 2

Recent Articles

Copyright After Death: Ensuring Your Legacy Lives On
November 24, 2020
LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC
November 9, 2020
Nominative Fair Use: One Defense Against a Brand Bully
October 26, 2020