Training Like Olympians – A Blueprint for Trademark Lawyers

I hope you have been enjoying the Summer Games and watching great Olympians like Katie Ledecky, Simone Biles, Noah Lyles, Caleb Dressel, and Gabby Thomas reach new heights in their respective sports. For these Olympians, they haven’t trained for two weeks to be the best at what they do, they have trained rigorously for the past four years and since …

The Consequences of Skipping a Trademark Search

In the bustling world of business, where ideas evolve into brands and creativity fuels success, trademarks stand as the guardians of company’s identity and reputation. A trademark is more than just a symbol; it embodies the essence of your client’s business, representing its core values and brand promises. However, many entrepreneurs, in their rush to choose a trademark, often overlook …

trademark protection for nonprofit lawyers

Protecting the Mission: Trademark Protection For Nonprofit Lawyers

As a nonprofit lawyer, understanding trademark protection is essential for effectively representing any mission-based organization in today’s marketplace. Every business is becoming more aware of the benefits of branding on its business, and the nonprofit and tax-exempt organization is no exception. Trademark protection is an area of intellectual property law that enables nonprofits to protect their names, logos, and slogans …

Trademark Training is Important for Your Legal Practice

Trademark Training is Important for Your Practice

As lawyers we all know the importance of keeping our licenses current, but what we hate are all the boring continuing legal education webinars (CLE) we must endure to renew or bar cards. Often, these sessions are boring and irrelevant to our practice areas, so many of us feel it’s nothing more than checking a box. Truth be told, we, …

OSU federal trademark registration to use THE for clothing

OSU Trademark “THE”: Is there Value?

The Ohio State University (OSU) has been granted what many in our profession believe to be a silly, unenforceable trademark, having received a federal trademark registration for the word “THE” for various clothing items in the field of sports and college athletics. U.S. Registration Number 6763118 was issued to OSU on June 21, 2022. Does this mean that OSU can …

USPTO Issues Sanctions to Order 15,000 Chinese Marks Cancelled

USPTO Issues Sanctions to Order 15,000 Chinese Marks Cancelled

On Friday, December 10, 2021, the USPTO issued a final order for sanctions requiring Senzhen Huanyee Intellectual Property Co., Ltd. and its executive director Ms. Yusha Zhang (collectively “Respondents”) for filing 15,000 trademark applications in contravention of the U.S. Trademark Rules of Practice (“Rules”). The sanctions imposed include: (1) permanently precluding Respondents and their employees from submitting trademark-related documents at …

TTAB Rules that Reckless Disregard for Truth Rises to Fraud

TTAB Rules that Reckless Disregard for Truth Rises to Fraud

On September 30, 2021, in a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) clarified that “reckless disregard satisfies the requisite intent for fraud on the USPTO in trademark matters.” Chutter, Inc. v. Great Concepts, LLC, 2021 USPQ2d 1001 (TTAB 2021). This question was left open by the Federal Circuit in the seminal case of In re Bose. Since Bose, the number of …

How to Handle Recent USPTO Trademark Delays

How to Handle Recent USPTO Delays

The USPTO has been experiencing a surge in new trademark application filings since the height of the pandemic and this has caused delays in examining applications and issuing trademark registrations. There are many possible reasons for the surge in new trademark applications filings including a record number of small businesses being formed, changes to Amazon’s brand registry program, established businesses …