Section » Trademarks
USPTO Issues 239346 Trademark Registrations on 2011
The USPTO issued 239346 trademark registrations in 2011. The most active trademark classes are Class 9 – scientific and electronic apparatus (24,590); Class 16 – printed matter (9692); Class 25 – clothing (14,355). The most active service mark classes are Class 35 – advertising and business (26,542); Class 41 – education and entertainment
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TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures
TTAB: Prompt Filing of Supplemental Response Cures Procedural Deficiency in Expert Disclosures The Trademark Trial and Appeal Board (“Board”) held that Respondent’s timely-filed expert testimony should not be excluded for procedural deficiencies when those deficiencies were promptly corrected before
Filing Separate Section 8 and Section 15 Declarations
Trademark practitioners commonly submit Combined Section 8 & 15 Affidavits or Declarations for maintaining U.S. trademark registrations. However, there are times when such a combined version of this submission is not proper, which requires an understanding of the different purposes for the “Section
Google Fights Off Another Trademark Attack on its AdWords Program
Three months after dismissing a trademark infringement suit filed against search engine giant Google Inc., the judge in the case issued a memorandum opinion explaining his decision. (Rosetta Stone Ltd. v. Google Inc., Case No. 1:09cv736 (E.D. Va. Aug. 3, 2010).) In July 2009, language learning software
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Leaner and Greener: ICANN Announces (Almost) Paperless UDRP Procedures
On December 7, 2009, the Internet Corporation for Assigned Names and Numbers (ICANN) announced a modification to the Implementation Rules for the Uniform Domain Name Dispute Resolution Policy (UDRP). This modification now permits electronic filing. In fact, beginning March 1, 2010, electronic filing
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Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application
Federal Circuit reverses Trademark Office’s holding that an internet specimen of use must include a picture of the goods to be registrable. In re Michael Sones, Docket No. 2009-1140 (Dec. 23, 2009) In re Sones is an appeal from the Trademark Trial and Appeal Board’s (“TTAB”) rejection of Michael
Trademark Cancellation Proceeding
In Trademark Cancellation Proceeding: Presumption Of Validity For Section 2(f) Registration Includes Presumption Of Acquired Distinctiveness; Record Automatically Includes Application File The Cold War Museum, Inc. v. Cold War Air Museum, Inc., No. 2009-1172 (Fed. Cir. Nov. 5, 2009) Federal Circuit reversed
Tampering with UPCs Can Constitute Trademark Infringement
On June 19, 2009, the U.S. Court of Appeals for the Second Circuit held that selling an otherwise genuine product with the trademark holder’s unique production code (UPC) altered or removed can constitute trademark infringement. Zino Davidoff SA v. CVS Corp., 571 F.3d 238 (2d Cir. 2009). Defendant
Federal Circuit Clarifies Fraud Standard in Trademark Cases
Court Overrules Medinol: In re Bose Corporation (Decided August 31, 2009) During the last six years, many an unwary trademark registrant has fallen victim to the harsh decision handed down by the USPTO’s Trademark Trial and Appeal Board (“Board”) in the 2003 case entitled Medinol v.
An IP Fight Broke Out At the ‘Canes Hockey Game
Hip-hop artist Tye Banks wrote and recorded the song “Carolina Hurricanes” after the Carolina Hurricanes won the Stanley Cup in 2006. In 2007, Banks and Hurricane management had an informal agreement that provided for the use of Banks’ song in connection with Hurricane hockey which lasted for a