USPTO issues a Notice of Waiver of Trademark-Related Timing Deadlines.
Please note that the USPTO Remains Open for Filing Documents and Fees. UPDATED APRIL 30th. However, yesterday March 31, 2020, EXTENDED ON APRIL 30th, in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO or Office) issued a Notice extending the time to file […]
Can I protect as trademark Coronavirus, COVID-19 or SOCIAL DISTANCING?”
In short, most likely no. Would you be able to prevent others from using said terms, also no. As of today March 20, 4 trademarks using the term Social Distance, 18 using the term CORONAVIRUS, and more than 17 using the term COVID-19 have been filed with the US Trademark Office. Marks such as CORONAVIRUS […]
My trademark was rejected because was considered to be ornamental what can I do?
Under the Trademark Act, a “Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and, thus, does not function as a trademark. A decorative feature may include words, designs, slogans, or trade dress. This matter should be refused registration because it is merely ornamentation and, therefore, does not […]
Can I trademark a design of a product?
This is one of the most difficult trademarks to register. A recent Trademark Trial and Appeal Board (TTAB) decision is illustrative on how the US Trademark Office treats product configuration applications. On May 2019 the TTAB In re Creative Edge Design Group, Ltd., Serial No. 87287662 affirmed the refusal, under Section 2(e)(5) finding the design […]
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 […]
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 […]