International Trademark Classes: The Nice Agreement

What is the Nice Agreement and what are international trademark classes? Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications, including international trademark classes, and many different filing bases.   Given the importance of a brand… READ MORE

The Detroit Red Wings’ Trademark Case Against Right Wing “Identitarians”

It is difficult not to talk about the absolute tragedy, disaster, or other-worldliness of the events in Charlottesville, VA. Plenty of smart people have weighed in on its implications and our President’s response. I won’t add to that dialogue. I am here to talk about Charlottesville and…trademark law. As a Michigander, I was shocked to… READ MORE

Parties file oppositions against pending trademark applications for a wide variety of reasons. Often, a party filing an opposition or requesting an extension of time to do so will contact the Applicant before filing or at the same time.  Whether an opposition is expected or not, there are often win-win scenarios that savvy parties can… READ MORE

Because trademark protection is territorial in nature, managing an international trademark portfolio is complex. Your company may have one trademark or hundreds, in either  case you need experienced and skilled trademark legal counsel who will help you prioritize and protect your portfolio. The general issues for managing any trademark portfolio are: Creation (or discovery) of… READ MORE

Supreme Court Rules On Disparaging Trademarks

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently weighed in on the long-running debate that has surrounded the federal registerability of disparaging trademarks based on ethnic slurs. While there… READ MORE

Trademark Law: Practice Tips for Trademarking Holograms

Trademarking holograms can be very problematic. To date, our research has shown that, so far, the USPTO has refused to register trademarks for any holograms. Holograms, of course, are among what are commonly called nontraditional trademarks. Such include color, sound, taste, scent, three-dimensional shapes, and moving image marks. Registering a nontraditional mark is more difficult… READ MORE