Tom Brady may be the greatest NFL quarterback of all time. But his efforts to register a TOM TERRIFIC trademark for T-shirts and posters and sporting cards have been thrown for a loss at the hands of the U.S. Patent and Trademark Office (USPTO). The applications serve as a reminder that U.S. trademark law does...
USPTO Requires Non-US Trademark Applicants to Retain US-Licensed Attorneys The U.S. Patent and Trademark Office (USPTO) has announced new rules that went into effect 3 August 2019. Under the new rules, all filings, including new applications and renewal applications, filed by a person or entity not domiciled in the U.S. must be filed by an attorney licensed to practice...
As he did earlier this month, John E. Ottaviani once again provided his insight to World Trademark Review, analyzing the rollercoaster in filings before the United States Patent and Trademark Office (USPTO). Earlier this month, John discussed the unprecedented surge in trademark filings in advance of a new USPTO rule that went into effect August 3....
By John E. Ottaviani One of the most common reasons U.S. trademark applications receive Office Actions is that the identification of goods and services covered by the application is indefinite or too broad. The U.S. Patent and Trademark Office (USPTO) requires that the identification of products and services be very specific. This practice is different...
In a 6-3 decision in Iancu v. Brunetti, the U.S. Supreme Court has declared a provision of the federal trademark law unconstitutional and in violation of the First Amendment protection of free speech. The provision in question permits the U.S. Patent and Trademark Office (USPTO) to refuse to register trademarks that consist of or comprise “immoral”...
Don’t Forget To Preserve Evidence Of Your Bona Fide Intention To Use The Mark Businesses often have misconceptions about trademark issues in the United States. One very common “trap for the unwary” results from the ability to file a trademark application without having to demonstrate that the mark is in use at the time the...
By John E. Ottaviani & Geri Rosman 1. IMMORAL AND SCANDALOUS MARKS. You may have read about this trademark case — ANDREI IANCU v. ERIK BRUNETTI, 18-302 (SCOTUS) — pending before the Supreme Court of the United States (SCOTUS) right now, regarding whether the U.S. Patent and Trademark Office can refuse to register marks that are...
By John E. Ottaviani The U.S. Patent and Trademark Office (USPTO) has announced new rules that will go into effect 3 August 2019. Under the new rules, all new applications and renewal applications filed by a person or entity not domiciled in the U.S. must be filed by an attorney licensed to practice before the USPTO. Prior...
The complex U.S. trademark registration system makes many trademark owners from other countries reluctant to file national applications or extend international applications to the U.S. One reason often given is the higher cost of obtaining trademark protection in the U.S. due to the statutory requirements and the formalities that must be observed. It is frequently...
On May 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued new guidelines as to how the agency will handle trademark applications for marijuana-related, hemp-related and CBD-related goods and services, in light of the federal Farm Bill that became law on December 20, 2018. Unfortunately, the new Guidelines raise as many questions for applicants...
