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 …
The Coca-Cola Company Protects its Famous Script Trademark
If you were The Coca-Cola Company (“TCCC”), how would you stop a trademark application for CONCEAL-CARRY REGISTERED HANDGUN (“CONCEAL-CARRY”) for clothing? The marks certainly don’t sound very similar. What if I told you the CONCEAL-CARRY application was filed in this stylization – would that change your mind? Of course, it would! But why? For starters, COCA-COLA owns a registered trademark …
The Trademark Modernization Act is Coming: Ready or Not!
The Trademark Modernization Act of 2020 (“TMA”) was passed by the U.S. Congress on December 27, 2020 as part of the huge COVID relief package that sent most Americans an additional $600 stimulus check. Although the changes will not be implemented at the USPTO until December 27, 2021, there are several sweeping changes that will be forthcoming. The Trademark Modernization Act …