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

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”

Functions of the Trademark Trial and Appeal Board

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. Background – Trademark Law – re; Spatz Laboratories, 2017 WL 3102590 Spatz Laboratories (Spatz) submitted

Understanding Intent to Use Applications

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

Protecting Trademarks in the Healthcare Industry

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. Unique Problems for Healthcare Trademarks One of the most significant