Brandon Selinsky graduated from the University of Nebraska College of Law in 2002 and is admitted to practice in Colorado and Michigan as well as the United States District Court of Colorado and the 10th Circuit Court of Appeals.

What You Need to Know about Legally Identical Trademarks

In re Trilliant Food and Nutrition, LLC, 2017 WL 3102593   The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Legally Identical Trademarks Background Trilliant Food and Nutrition, LLC (Trilliant) submitted an application for trademark registration

Are Incontestable Trademarks Contestable?

REQUEST A CONSULTATION A long-running trademark dispute between the City of Portland and a craft brewery within that city, OldTown Brewery, is over, according to an announcement by theOregon Brewers Guild. Old Town Brewery, the owner of aregistered federal trademark since 2012, had been defending its registration against the City of Portland for two years. The fight has been over the city’s application for a trademark that includes a leaping stag. Old Town received a federal registration for the stag

Can the New Tax Bill Actually Affect Your Beer Choices?

The new tax reform bill will affect your brewery in a good way. The Tax Cuts and Jobs Act included the Craft Beer Modernization and Tax Reform Act (CBMTRA), which brings relief to breweries on several levels. The first and most immediate relief is financial: a reduction in federal excise taxes. Smaller breweries—producing less than 6 million barrels per year—will now pay $3.50 per barrel, down from $7 per barrel, on the first 60,000 barrels, and then $16, down from $18,

What You Need to Know About Deceptively Misdescriptive Trademarks

Gruma, S.A.B. de C.V. and Azteca Milling, L.P. vs Instamasa Sociedad Anonima 2017 WL 3102595 The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Background on Deceptively Misdescriptive Trademarks  Instamasa Sociedad Anonima (ISA) submitted an application for trademark registration

Trademark Settlement Agreements

Mylan Inc. v. Medikit, LLC, 2017 WL 3102600 The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Legal Background  Medikit, LLC submitted an application for trademark registration of the mark “EPI-KIT” for “injectable pharmaceuticals for treatment of

About the Denial of a Similar Trademark

Pan American Properties, Corp., 2017 WL 3102585 The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of theUnited States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Similar Trademarks Background  Pan American Properties, Corp. (Pan American) submitted an application for trademark registration of the mark “G SHOT.”

Trademark Likelihood of Confusion

ronclad Performance Wear Corp., 2017 WL 3102591 The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Background  Ironclad Performance Wear Corp. (Ironclad) submitted an application for trademark registration of the mark “IVE.” Ironclad sought to register

The du Pont Factors & Trademark Law

The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Background – In re Sansa Corporation (Barbados) Inc., 2017 WL 3102589 Sansa Corporation (Barbados) Inc. (Sansa) submitted an application for trademark registration of the mark “KICK” in

The Descriptive Requirement of Trademark Law

The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Background – Yuzu Labs Public Benefit Corporation, 2017 WL 3102592 Yuzu Labs Public Benefit Corporation (Yuzu) submitted an application for trademark registration of the mark “SITECONNECT.” Yuzu

The Power of the Trademark Examining Attorney

The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Background – ABK Betriebsgesellschaft der Aktienbrauerei Kaufbeuren GmbH WL 3102594 – 2017 ABK Betriebsgesellschaft der Aktienbrauerei Kaufbeuren GmbH (ABK) applied for a trademark. ABK sought to register the mark “ROSE”