Trademark

30Jan 2023

CBD Redux – CBD in Food

January 30, 2023 Trademark
CBD Hemp Tea

*Originally posted on April 14, 2022 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 […]

09Jan 2023

Is Wisconsin Gruyere Really Gruyere or is it Just Cheese?

January 9, 2023 Trademark
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 […]

02Jan 2023

France.com v. France: Sovereign Immunity Meets Trademark Law

January 2, 2023 Trademark
France.com

*Originally posted on January 13, 2022 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 […]

19Dec 2022

How Much Does it Cost to Hire a Trademark Lawyer?

December 19, 2022 Trademark
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 […]

12Dec 2022

The Unabated Deluge of Chinese Trademark Applications

December 12, 2022 Trademark
China Trademark

In March 2019, we wrote with some concern, that as early as 2017 Chinese companies had filed more than 12 times the number of trademark applications with the USPTO than in previous years. At that time the director of the USPTO stated that “forecasts indicate that annual increases are expected to average 10% during the next 8 […]

08Dec 2022

Dog Poo Redux

December 8, 2022 Trademark
jack daniels Bad Spaniels

VIP Products, LLC markets a line of cute, humorous squeaky dog toys, consisting of vinyl replicas of liquor, beer, wine, and soda brands labeled with humorous names, usually related to dog poop. So, we have toys labeled “Smella R-Crotches”, Heini Sniff’n, Pissness, and Mountain Drool, associated with likenesses of Stella Artois beer, Heineken’s, Guinness, and Mountain […]

05Dec 2022

Click-Pop-Swish — No License Required!

December 5, 2022 Trademark
Beer

The sound of popping beer cans on a hot summer day may evoke memories: quenching a thirst on a hot day, backyard barbecues, days at the beach, or sunny afternoons at the ballgame. Beer can sounds are not going away. The beer can market is going gangbusters. According to one industry source, in 2020, approximately 90.2 […]

28Nov 2022

Six Steps for Registering a Federal Trademark

November 28, 2022 Trademark
The-Top-Computer-Companies-In

*Originally posted on January 13, 2016 Do you need to register a trademark with the United States Patent and Trademark Office? Then this article is for you – print a PDF version of the Six Steps for Registering a Federal Trademark Guide here. In the United States, trademarks may be registered on the federal or on […]

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