Trademark Blog

Are Incontestable Trademarks Contestable?

Posted by Brandon Selinsky on Feb 20, 2018 11:08:35 AM

 

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A long-running trademark dispute between the City of Portland and a craft brewery within that city, Old Town Brewery, is over, according to an announcement by the Oregon Brewers Guild. Old Town Brewery, the owner of a registered 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 for selling beer in 2012 and was recently granted incontestability. Portland attempted to register a trademark bearing that same leaping stag for beer, amongst other things, beginning in 2015. The U.S. Patent and Trademark Office (USPTO), which governs federal trademark registration, has denied Portland on at least two such applications 

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Topics: Intellectual Property, Trademark Law, Beer Law, Incontestable Trademarks

What You Need to Know about Legally Identical Trademarks

Posted by Brandon Selinsky on Sep 14, 2017 8:58:22 AM

 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. 

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Topics: Trademark Law

What You Need to Know About Deceptively Misdescriptive Trademarks

Posted by Brandon Selinsky on Sep 8, 2017 12:39:34 PM

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. 

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Topics: Trademark Law

What is the Difference Between Trademark and Trade Dress?

Posted by Brandon Selinsky on Dec 6, 2016 8:08:42 PM

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act.[1] It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and graphics.

Trade dress can be the design of a product (the product shape or configuration), the packaging in which a product is sold, the color of a product or of the packaging in which a product is sold, or even the flavor of a product.

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Topics: Trademark Law

How International Trademark Laws Kept The “Apple Watch” Secret

Posted by Brandon Selinsky on Nov 27, 2014 9:59:32 AM

Over the past few months there have been many rumors and much speculation about Apple’s new product releases. Two of those rumors, that new iPhones would include a much larger screen and the Apple would be launching a smart watch, turned out to be true.  

September 9th was Apple’s big reveal day for both products. What surprised some was the name of Apple’s new watch.

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Topics: Trademark Law

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