Category: Trademark

In basic terms, the definition of a trademark is a mark, design, logo, word, phrase, or something similar that identifies the commercial source of a product or service. “Commercial source” is just a general term that means the manufacturer or grower of a product or the provider of a service. Take, for example, the famous […]

As pretty much every applicant who has filed a trademark within the past few years already knows, the wait time to see your mark registered with the USPTO feels longer than it takes to grow a waist-length beard. Well, it seems that the USPTO has acknowledged our collective impatience and has issued a new rule […]

Last month, the Trademark Trial and Appeal Board (TTAB) denied a collection of trademark applications trying to register the word FUCK for various goods and services. The applicant for those trademarks, Erik Brunetti, had already won a case at the United States Supreme Court that allowed him to register the mark FUCT. In Iancu v. […]

In December of 2021, the United States Patent and Trademark Office (USPTO) issued some long-awaited updates to their processes and procedures that make it easier to challenge abandoned trademarks and make it faster to get marks registered. Cancelling unused trademarks The USPTO has created two brand new types of administrative proceedings to challenge trademarks that […]

Yes, attorneys’ fees are available in what are called “exceptional cases” of trademark infringement. The Lanham Act — the federal trademark statute — expressly allows a federal court to award reasonable attorneys’ fees in “exceptional cases” of trademark infringement to the prevailing party. 15 U.S.C. § 1117(a). This is a statutorily-created exception to the normal […]

Trademarks are powerful tools that can be used to create and cement customer loyalty to a product or service and that can drive sales and profits. Some trademarks are so powerful and famous that, by themselves, the trademarks are worth billions of dollars. To be powerful, a trademark must be distinctive enough to create an […]

False advertising is unlawful under federal and state laws. If you have been the victim of false advertising, you need legal advice and counsel from false advertising attorneys. False advertising laws are complex and, so, you need the best litigation team. Generally, consumers have many rights and the ability to sue under false advertising laws. […]

Trademarks are words, marks, symbols, phrases, designs or logos that are placed on products or associated with services that can be used to create and cement customer loyalty and that can help drive sales and profits. To be effective — to function as a trademark — a trademark must be distinctive and unique in the […]

Claim preclusion, also called “res judicata,” is a judge-created legal doctrine that is intended to prevent litigants from endlessly litigating the same issues over and over again in different proceedings and before different tribunals. Claim preclusion applies when a “court of competent jurisdiction” has entered a “final judgment” on the merits of a case between […]

Sometimes, those seeking to register a trademark with the US Patent & Trademark Office (“USPTO”) are required to file a “disclaimer statement.” Generally speaking, a “disclaimer statement” is a statement included with your trademark registration application or separately provided that states legally that you disclaim any trademark legal protection for some part or portion of […]