After years of battles, this is a victory for dairy groups and cheese producers in the U.S. The Fourth Circuit Court of Appeals ended this dispute, see Interprofession du Gruyere v. U.S. Dairy Export Council, 61 F.4th 407 (4th Cir. 2023). Initially the United States Patent & Trademark Office (USPTO)…
The Trademark Modernization Act (“TMA”) was enacted on December 27, 2020, and most rules go into effect on December 27, 2021. Many believe that the Trademark Act of 1946 needed this update. Two of the most significant rule changes include creating ex parte procedures for petitioning the Director for expungement…
As most already know, the United Kingdom (UK) left the European Union (EU) on January 31, 2020. The UK remained within the EU’s structure for trademarks during this transition period. The transition period will end on December 31, 2020. New UK “comparable rights” will be created. After the transition period,…
On June 30, 2020, the U.S. Supreme Court issued a long-awaited significant decision in trademark law. Justice Ginsburg wrote the majority opinion. The United States Patent and Trademark Office (“USPTO”) refused registration to the applicant, Booking.com B.V. (“Booking.com”) on several trademark applications involving services for travel reservations in classes 39…
As of August 3, 2019, all trademark applicants that are foreign domiciled must have a U.S. licensed attorney file its trademark applications at the United States Patent and Trademark Office (“USPTO”), and act as its representative at the Trademark Trial and Appeal Board (“TTAB” or “Board”). This rule also applies…
While more U.S. states will consider marijuana legalization in 2018, the United States Patent & Trademark Office (“USPTO”) remains steadfast in refusing registrations to cannabis-related marks, when the goods or services will violate the federal Controlled Substances Act. Since about 1970, marijuana has been classified as a Schedule I drug…
The United States Patent & Trademark Office (“USPTO”) has continued its efforts to rid the Trademark Register of marks that are not in use. This would include marks that have been abandoned or were not in use as of the filing date of the trademark application, or at the time…
Now that Melania Trump is to assume the role of First Lady of the United States on January 20, 2017, her trademark troubles may have just begun. Melania Trump has hired a law firm in Slovenia to stop the use of her name on numerous products without her consent. Similar…
William Adams (aka “will.i.am”) member of the well-known music group, The Black Eyed Peas filed a trademark application for the mark I AM at the United States Patent & Trademark Office. The trademark application identified products in international class 3 including but not limited to cosmetics, fragrances, beauty products and…
This blog post is a follow-up to our post entitled, Has One Of Tiffany And Company’s Trademarks Become Generic? posted on February 14, 2014. The U.S. District Court for the Southern District of New York answered the question we asked in our previous post after a two year court battle…