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Trademarks

Trademarks

Renewing Your Trademark-Excusable Non-Use

Renewing Your Trademark-Excusable Non-Use Even after you have successfully registered a mark with the US Patent and Trademark Office, you are not done in ensuring your mark stays registered and protected. Your application must be renewed 5-6 years after your first registration in order to maintain that registration. You must also renew the year before […]

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The ‘Deceptively Misdescriptiveness’ Rejection

The ‘Deceptively Misdescriptiveness’ Rejection 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 the goods and […]

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The “Primarily Merely a Surname” Rejection

THE “PRIMARILY MERELY A SURNAME” REJECTION You’ve submitted a trademark application and after many months, you finally receive news from the USPTO—but it’s an Office Action. There are several reasons you may receive a rejection from the USPTO for a trademark application, the most popular one being a Section 2d—“likelihood of confusion” rejection. However, there […]

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Court Rules TV-Streaming Service Provider May Seek Compulsory Copyright Licenses; Fox to Appeal

In what may be considered a surprise decision, a federal judge ruled that online television streaming service, FilmOn X, may be treated as a cable company by allowing it the same compulsory copyright licenses that broadcast companies receive. FilmOn offers content from cable companies like Fox, NBC, and the like. FilmOn captures broadcast television signals […]

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Ninth Circuit Sends Amazon back to Court to Face Trademark Infringement Claim

The Court of Appeals for the Ninth Circuit found that internet-based retail giant Amazon.com could be misleading consumers by displaying a watchmaker’s competing products when users search for its watches (read the full opinion here). Multi Time Machine Inc. (“MTM”), a luxury, military style watchmaker, brought a trademark infringement claim asserting Amazon violated its trademarks by […]

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Second Circuit Clarifies Polo Trademark Injunction

The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the Ralph Lauren trademark.l

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TTAB Decisions to have Preclusive Effect on Later Litigation

In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing preclusion for issues adjudicated by the TTAB that are “materially the […]

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Oprah Wins Round Two of Trademark Infringement Case

Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over the phrase “Own Your Power.” Kelly-Brown and her company, Own Your Power Communications, claimed Winfrey, and other named Defendants infringed on her trademark under both federal and state laws, and included a slew of other related claims. (Read the […]

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USPTO to Increase Efficiency and Decrease Filing Fees

In what should come as great news to attorneys and their clients, the United States Patent and Trademark Office (USPTO) has amended several regulations that will increase electronic processing of trademark applications while reducing application fees. To achieve this, the USPTO will offer additional electronic application processing through the Trademark Electronic Application System (TEAS) and […]

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Pizzeria Makes its Case for Trademarking Food

A federal court in Texas ruled that flavors of a pizza chain’s food and its plating techniques lacked trademark and trade dress protection. The pizza chain, New York Pizzeria, Inc. (NYPI) alleged that Ryandir Syal, a restaurateur, along with other defendants, obtained NYPI’s trade secrets and additional information through a series of other illegal acts. […]

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Contact Orange County Trademark & Copyright & Business Attorney | IP Litigation Lawyer

Anthony Cartee, Esq.

714-942-2225

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Orange, CA 92868
714-942-2225