Trademark Fee Changes Now in Effect: USPTO Implements New Structure as of January 18, 2025.
The United States Patent and Trademark Office (USPTO) has officially implemented a revised trademark fee structure, which went into effect on Saturday, January 18, 2025. These changes impact a variety of trademark processes, including application filings, intent-to-use filings, and post-registration maintenance. Whether you are managing pending trademarks or maintaining registered marks, it is crucial to understand […]
President Biden Signs the “No Stolen Trademarks Honored in America Act of 2023” into Law
On December 2, 2024, President Joe Biden signed into law H.R. 1505, the “No Stolen Trademarks Honored in America Act of 2023,” an important measure to protect intellectual property rights and address the legacy of trademarks confiscated during government seizures, particularly in Cuba. This legislation strengthens prohibitions against enforcing or validating trademarks connected to confiscated […]
Can I be liable if I sell Halloween costumes with famous brands and characters?
Whether a Halloween costume infringes on trademark or copyrights depends on several factors, including the specific design of the costume, its branding, and how it’s marketed. This applies to the commercialization of costumes, no to personal use. Use of Copyrighted or Trademarked Characters or Logos Risk of Infringement: If a costume directly replicates a character’s distinct […]
Unlock Brand Power: Avoid Descriptive Traps, Secure Distinctive Marks!
Section 2(e)(1) Mere Descriptiveness Refusals – What It Means and How to Avoid It Understanding Section 2(e)(1) RefusalsThe United States Patent and Trademark Office (USPTO) often issues refusals under Section 2(e)(1) of the Lanham Act when a mark is deemed “merely descriptive” of the goods or services. This refusal arises if the trademark directly describes […]
12th Annual ABA-IPL Trademark Days with the USPTO!
Attending the 12th Annual ABA-IPL Trademark Days with the USPTO this week was a valuable experience, providing a unique opportunity to engage directly with the key figures shaping the future of intellectual property (IP) law. Held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia, this event is one of the […]
Vidal v. Elster. “Trump too small”. THE DECISION.
On November 1, 2023, I proudly became a member of the Bar of the Supreme Court of the United States. As part of the admission ceremony, I had the unique opportunity to attend the oral arguments for the case Vidal v. Elster. This Supreme Court case addresses the intricacies of 15 U.S.C. § 1052, a […]
Can a minor own a trademark?
Yes, a minor can technically own a trademark. However, there are some practical and legal considerations to keep in mind: Legal Capacity to Contract: Minors generally have limited legal capacity to enter into binding contracts. Since owning a trademark often involves contractual obligations (like licensing or selling the trademark), any agreement entered into by a […]
Certification Trademarks and US Customs and Border Protection’s Intellectual Property Rights Enforcement.
In the dynamic world of global trade and commerce, certification trademarks serve as essential tools for maintaining standards, guaranteeing quality, and conveying trust to consumers. Certification trademarks are special types of trademarks that signify that the goods or services bearing the mark meet certain standards or criteria set by the certifying body owning the mark. […]
Vidal v. Elster. “Trump too small” case.
On November 1, I became member of the Bar of the Supreme Court of the United States. As part of the ceremony of admission we had the opportunity to participate in the oral arguments for the case Vidal v. Elster, a pending United States Supreme Court case dealing with 15 U.S.C. § 1052, a provision […]
Can a font or typeface be protected?
The short answer is font can be protected, typefaces no. A typeface is a set of letters, numbers, or other characters with repeating design elements that is intended to be used in composing text or other combinations of characters, including calligraphy. Font refers to a set of printable or displayable typography or text characters in […]