Can I trademark single or multiple colors?
The short answer, it depends. Single or multiple color marks applied to packaging are never inherently distinctive. Marks that are inherently distinctive are those that have the ability upon being used the very first time to communicate to the consumer that the mark is identifying the source of the product as opposed to describing the […]
Can I trademark the title of a single work (Book or DVD)?
The short answer, it depends. The title of a single creative work, such as a book, is not considered a trademark and is therefore unregistrable. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§ 1051, 1052, and 1127; In re Cooper, 254 F.2d 611, 117 USPQ 396, 400 (CCPA 1958). This because the title […]
“Generic, descriptive trademarks and top-level domain names”
On November 8, 2019 The Supreme Court of the United States granted certiorari to hear an Appeal by the United States Patent and Trademark Office (USPTO) of a 4th U.S. Circuit Court of Appeals affirming The U.S. District Court for the Eastern District of Virginia decision reversing the denial of registration by the USPTO of booking.com trademark […]
AUGUSTO PERERA, P.A. ASIPI XXI WORK SESSIONS AND ADMINISTRATIVE COUNCIL, LIMA 2019.
We recently participated XXI Working Sessions and Administrative Council of the Inter-American Association of Intellectual Property (ASIPI) held in Lima, Peru from October 27-30, 2019. An opportunity to meet fellow Intellectual Property Attorneys from the region. Recientemente participamos del XXI Sesiones de Trabajo y Consejo Administrativo de la Asociación Interamericana de Propiedad Intelectual (ASIPI) celebrada en […]
BRAZIL Joins the Madrid Protocol!
Brazil became the 105th member of the Madrid System for the International Registration of Marks, which now covers 121 countries. The Madrid Protocol allows US applicants to extend protection of their US applications/registrations to member countries. To qualify under the System the Applicant has to have: A) A real and effective industrial or commercial establishment in a contracting party; […]
7th Annual ABA-IPL Trademark Day with the USPTO.
On September 18 we participated in the 7th Annual American Bar Association, Intellectual Property Law Section “Trademark Day” held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. This annual gathering is an opportunity to meet other trademark practitioners, it’s also an opportunity to meet and interact with USPTO managing attorneys […]
Intellectual Property Rights at the Border?
As an intellectual property right owner, you have the right to prevent the unauthorized importation of infringing goods into the U.S. Registered trademarks, trade names, and copyrights can be recorded with the with the U.S. Customs and Border Protection (CBP) Agency. CBP can help trademark and copyright owners of registered and recorded rights to prevent […]
Disparaging, immoral or scandalous trademarks?
An update on our prior blog about “Disparaging, immoral or scandalous” trademarks. As published before The Supreme Court of the United States ruled on June 19, 2018 that disparagement provision of Section 2(a) of the Trademark Act is facially unconstitutional because it violates the Free Speech clause of the First Amendment. Section 2(a) of the Lanham Act […]
CANADA Joins the Madrid Protocol!
Canada became the 104th member of the Madrid System for the International Registration of Marks, which now covers 120 countries. The Madrid Protocol allows US applicants to extend protection of their US applications/registrations to member countries. To qualify under the System the Applicant has to have: A) A real and effective industrial or commercial establishment in a contracting party; […]
Protecting Marijuana brands.
Currently, more than 10 states have legalized marijuana for recreational use and more than 15 have decriminalized recreational marijuana. It all started with Colorado and Washington in 2012. However, at the federal level, the Controlled Substance Act (CSA) prohibits, among other things, manufacturing, distributing, dispensing, or possessing cannabis that meets the definition of marijuana. In […]