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trademarking a scent

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, slightlyIt 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

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.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.

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 toThe 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

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 stillA 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

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 confusion. This post explains theApplying 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 confusion. This post explains the

cancelling a trademark

Grounds for Cancelling a Trademark

Once a trademark is federally registered, there are two main ways in which it can be “unregistered,” or, removed from the Federal Register: abandonment and cancellation. Cancellation proceedings are similar to opposition proceedings but occur after the

Once a trademark is federally registered, there are two main ways in which it can be “unregistered,” or, removed from the Federal Register: abandonment and cancellation. Cancellation proceedings are similar to opposition proceedings but occur after the

M22

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 proceedingOn 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

incontestable trademarks

Can Incontestable Trademarks Be Cancelled?

Incontestable trademarks are like super-trademarks: they are even more protected than your run-of-the-mill marks. Incontestable marks are marks that have been listed on the Federal Register and have been in use for more than five years. Once this magical

Incontestable trademarks are like super-trademarks: they are even more protected than your run-of-the-mill marks. Incontestable marks are marks that have been listed on the Federal Register and have been in use for more than five years. Once this magical

generic trademark

How to Cancel a Generic Trademark

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), an adjudicatory body within the United States Patent and

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), an adjudicatory body within the United States Patent and

Trademark Opposition and Cancellation Procedure

Inter parte proceedings before the Trademark Trial and Appeal Board largely consist of trademark opposition and cancellation proceedings. These proceedings are similar to federal civil lawsuits, but the procedure is different. For an explanation of the process, continue reading. What Happens After a Notice of Opposition or Petition to CancelInter parte proceedings before the Trademark Trial and Appeal Board largely consist of trademark opposition and cancellation proceedings. These proceedings are similar to federal civil lawsuits, but the procedure is different. For an explanation of the process, continue reading. What Happens After a Notice of Opposition or Petition to Cancel