Trademark

Birkin Bag NFT

New technologies give rise to new intellectual property headaches. Non-fungible tokens or NFT’s are no exception. What is an NFT? For the uninitiated (and hermits), an NFT is a unique digital token that one can own, sell, or redeem. Bitcoin and Ethereum are examples of digital tokens. Cryptocurrency, however, is fungible. The Bitcoin I own is not unique […]

CBD Hemp Tea

The rapid but uneven legalization of cannabis-related products in the U.S. and the resulting jurisdictional patchwork where cannabis use may be legal in one state but not another, or on the state but not the federal level, has created confusion for trademark applicants. Some applicants, frustrated by the USPTO’s rejection of trademarks applications for what […]

Wisconsin Gruyere

Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, Roquefort cheese and Champagne from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State […]

France.com

Trademarks may incorporate geographical terms but if the USPTO determines that a trademark is “primarily geographic”, the trademark application will be rejected. According to the USPTO,  To support a refusal to register geographic matter, the Trademark Act requires that the mark be primarily geographic, that is, that its primary significance to the relevant consumers in the United […]

When is a chair just a chair (and not a trademark)? The Trademark Trial and Appeal Board (the “Board” or “TTAB”) recently considered this question in an opinion on whether Herman Miller, Inc. (“Herman Miller”) could claim trademark rights in a famous chair design dating back from the 1940s when Charles and Ray Eames developed a technique for molding […]

Cost of an Trademark Lawyer

Good question, but one that’s not so easy to answer. That’s because there are many variables. Lawyers’ fees may vary depending upon your geographical region, the size and type of law firm you retain, nature and complexity of the work, and the type of fee arrangement. For example, attorneys are more likely to charge flat […]

Last month, we discussed the importance of international trademark filings. You may recall that there are two approaches to filing in another country. The first approach, referred to as a “National Filing”, requires you to retain a trademark lawyer in the foreign jurisdiction where you wish to register your trademark. The second approach, using the […]