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 …
How Trademarks Have Been Gracing Our Thanksgiving Tables for More than a Century
If you’re interested in some Thanksgiving trivia to share with your friends and family – trademark style – read on. I thought it would be fun to explore some famous branded food items we often seen around a typical American holiday table. Any guess as to which brand is the oldest? I’ll admit even I was surprised. Let’s have some …
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 …
CAFC Reverses Chutter: Rules Incontestability Declaration Does Not Maintain Registration
On October 18, 2023, nearly two years after the Trademark Trial and Appeal Board ruled in Chutter that reckless disregard satisfied the requisite intent for fraud at the USPTO in trademark matters, the Court of Appeals for the Federal Circuit (“CAFC”) in a precedential split decision (Great Concepts, LLC v Chutter, Inc., 2023 USPQ2d XXXX (Fed. Cir. 2023)) reversed the …
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 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 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
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
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 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 …