Legal Blogs

Trademark Settlement Agreements

Posted by Brandon Selinsky on September 6, 2017

 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. 

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Topics: Trademark Law

About the Denial of a Similar Trademark

Posted by Brandon Selinsky on September 1, 2017

 Pan American Properties, Corp., 2017 WL 3102585

Pan Am vs Korea Ginseng ~ Similar Trademerk 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.
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Topics: Trademark Law

Trademark Likelihood of Confusion

Posted by Brandon Selinsky on August 22, 2017

Ironclad 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. 

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Topics: Trademark Law

The du Pont Factors & Trademark Law

Posted by Brandon Selinsky on August 21, 2017

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. 

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Topics: Trademark Law

The Descriptive Requirement of Trademark Law

Posted by Brandon Selinsky on August 14, 2017

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.

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Topics: Trademark Law

The Power of the Trademark Examining Attorney

Posted by Brandon Selinsky on August 10, 2017

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. 

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Topics: Trademark Law

Functions of the Trademark Trial and Appeal Board

Posted by Brandon Selinsky on August 7, 2017

This article outlines a trademark trial and appeal process between Spatz Laboratories. 

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. 

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Topics: Trademark Law

Understanding Intent to Use Applications

Posted by Brandon Selinsky on June 21, 2017

The Risk of 'Intent to Use Applications' in Trademark Law

Trademark owners who apply for “intent-to-use (ITU) applications” are at risk of losing trademark rights if the identification of goods and services with the intent to use application are broader than the actual intended use of the trademark. A recent case emphasized that applying for a larger application than is actually used is not always a wise idea.

This case, Kelly Services v. Creative Harbor, emphasized that potential plans for use of a trademark will be excluded from registration when challenged. Instead, the application must be able to demonstrate that more than an intention to reserve a right in the trademark exists. In “ITU” applications for a trademark like in this case, individuals often require the assistance of particularly skilled legal counsel.

Trademark applications can be filed under several types of basis, but the two most common filing bases are having a bona fide intent to use a trademark as well as actual use of a trademark in the course of interstate commerce.

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Topics: Trademark Law

Protecting Trademarks in the Healthcare Industry

Posted by Brandon Selinsky on June 16, 2017

Due to a growing need for medical care, the healthcare industry is one of the most rapidly expanding areas of business in the United States. As old healthcare companies try to maintain a secure trademark in the industry, newer healthcare companies are able to create a point of identification for consumers.

If you are interested in protecting trademarks in the healthcare industry, there are some recommended steps that you should follow.

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Topics: Trademark Law

Trademark Trolling: Video Game Company Trademarks Cyberpunk

Posted by Brandon Selinsky on June 14, 2017

The CD Projekt Red company recently trademarked the word “Cyberpunk” in preparation for the release of the company’s latest franchise, Cyberpunk 2077. Some individuals have expressed concern that CD Projekt Red might begin to appropriate “Cyberpunk” and enforce the use of the phrase in a negative manner.

Responding to these concerns, CD Projekt Red expressed that “Cyberpunk” had been trademarked to protect the company’s work and that the company does not intend on using the trademark offensively. CD Projekt Red went so far as to promise that the trademark would only be enforced in situations that might cause confusion among consumers. This “Cyberpunk” case is the most recent example of “trademark trolling” (TMT) in the video game industry.

This type of behavior has the potential to create substantial changes for trademark holders and frequently requires the assistance of skilled legal counsel.

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Topics: Trademark Law