Category: Trademark Law

The first question in any trademark opposition or cancellation proceeding is likely a question of whether the opposer (for opposition proceedings) or petitioner (for cancellation proceedings) has standing to pursue the action. The rules for establishing standing, meaning a sufficient interest in the mark to litigate, are relatively easy to establish and are generally considered […]

A trademark cancellation proceeding is an administrative proceeding, similar to a civil federal lawsuit, before the Trademark Trial and Appeal Board (TTAB) in which one party requests that a registered trademark be cancelled. In other words, a mark that has successfully made its way through the trademark registration process still remains subject to cancellation by […]

U.S. companies that conduct business abroad or that are interested in expanding into international markets should seriously consider the benefits of filing for international trademark protection on the valuable trademarks associated with the business. Having international trademarks in place can help protect the company’s brand, identity and products from being confused with those of competitors […]

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful. TTAB Proceedings On December 3, 2013, the State of Michigan filed a cancellation proceeding in the TTAB seeking to […]

Revision Legal partner, John DiGiacomo, presented at the Business Owners Speaker Series in Traverse City. He focused on how to minimize the risks of online marketing and social media for businesses. According to John, the biggest mistake companies make is not acquiring social media channels prior to launch. The second biggest mistake is not acquiring or […]

Revision Legal’s intellectual property lawyers are located in Southwestern Michigan and are Chicago trademark attorneys that give businesses the advice they need at the price they want. Our experienced intellectual property lawyers have registered hundreds of trademarks and protected the intellectual property rights of businesses across the United States, including Chicago-based businesses. While a majority […]

To remove a trademark from the Federal Register, a petitioner can file what is known as a Petition to Cancel with the Trademark Trial and Appeal Board (TTAB). The TTAB is an adjudicatory body within the United States Patent and Trademark Office (USPTO). If a petitioner succeeds, the disputed mark will be removed from the […]

Affirmative Defenses in Trademark Infringement Affirmative defenses in trademark infringement cases is an excuse for the conduct of a potential trademark infringer, which would allow continued use of the mark. There are two affirmative defenses to trademark infringement: fair use and parody. Fair Use Defense A fair use defense in trademark law applies when a […]

What is Nominative Use? What is nominative use? When most people need to blow their nose they will ask for a Kleenex. Most people do not realize that what they are actually asking for is a certain brand of face tissue. However, many people equate Kleenex with all face tissue regardless of the brand. This […]

What’s up with the M22 trademark? John DiGiacomo explains trademark law, and how M22 can trademark a sign that’s in the public domain. For more information about trademark services or how Revision Legal can assist with your trademark issue, please use the contact form on this page, or call us at 1-855-473-8474.