Tag: TTAB
M22 Keeps Trademark Protection After Agreement with State of Michigan
After seven years of litigation at the Trademark Trial and Appeal Board, the Ingham County Circuit Court, and the US District Court for the Western District of Michigan, many, many, many sleepless nights, and some of our best legal work, the Attorney General of the State of Michigan has dismissed its trademark cancellation proceeding against… READ MORE
Trademark Registration of Marijuana Products
Trademark Registration of Marijuana, Cannabidoil, and Hemp Products A trademark is any word, slogan, logo, symbol, or design that identifies an organization’s goods or services as unique from another set of goods or services. Trademarks serve two important functions. First, they are a source identifier, allowing one company to distinguish its goods or services from… READ MORE
What is the Trademark Supplemental Register?
Many people are aware that the Lanham Act allows you to register a trademark. Many are less familiar with the fact that there are two registers: the Principal Register and the Supplemental Register. The Supplemental Register is governed by Sections 23-28 of the Lanham Act, codified at 15 U.S.C. §§ 1091-1096. What is the Supplemental… READ MORE
Trademarking a Scent: Hasbro Not Succeeding Yet
It was reported back in March 2017 that Hasbro, Inc., submitted an application to trademark the distinctive scent of Play-Doh, the Hasbro-owned toy modeling clay that we all probably remember playing with as children. Hasbro describes Play-Doh’s smell as “a unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight… READ MORE
7 Lessons in Trademarks: Smashburger/In-N-Out Burger Battle Royale
According to recent news reports, fast-food hamburger chain, In-N-Out Burger (“In-N-Out”) has filed a federal lawsuit alleging trademark infringement against Smashburger, another fast-food hamburger chain. The trademark fight is over names for various burgers. The case has an interesting history and provides some useful lessons about trademark procedure and law. In-N-Out was founded back in… READ MORE
Who has Standing to Oppose or Cancel My Trademark?
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… READ MORE
What is a Trademark Cancellation Proceeding?
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… READ MORE
What is the Trademark Registration Process?
Applying for federal trademark registration is typically a wise investment for individuals and businesses. The benefits that come with registration, including nationwide exclusivity to use your mark in connection with your goods or services, can be extremely valuable. But, the trademark registration process can be confusing. This post explains the trademark registration process for applications submitted… READ MORE
Grounds for Cancelling a Trademark
How does one go about cancelling a trademark? Once a trademark is federally registered, there are two main ways in which it can be “unregistered”: abandonment and cancellation. Cancellation proceedings are similar to opposition proceedings. These occur after the disputed mark is already registered, rather than during the application process. It is important to keep mind… READ MORE
State of Michigan Lacks Standing in M22 Case
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… READ MORE