Trademark

09Dec 2021

When is a Chair just a Chair?

December 9, 2021 Trademark
Chair Design Trademark

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 […]

04Nov 2021

How Do I Register My Trademark in a Foreign Country? Part II

November 4, 2021 Trademark
Globe

The WIPO website devotes a whole page to the “benefits of the Madrid System”. From it, you can glean four principal advantages: (1) it is equitable, that is, it is available to “small startups” or “large multinational” organizations alike; (2) it is convenient; (3) it is global in reach; and (4) it is cost effective. Let’s examine each […]

07Oct 2021

How Do I Register My Trademark in a Foreign Country? Part I

October 7, 2021 Trademark
Globe

National Filing. The first method consists of directly filing a trademark application in the foreign country. This is commonly referred to as a “National Filing.” Typically, your US attorney will retain a trademark attorney in the country where you wish to register your trademark. You provide the foreign attorney with a power of attorney and […]

08Apr 2021

The Shop Safe Act of 2020 – the Remedy We’ve Been Looking For?

April 8, 2021 Trademark
Shop Safe Act of 2020

In its 2020 Review of Notorious Markets for Counterfeiting and Piracy, the United States Trade Representative warns: “Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety.” […]

14Jan 2021

2021 Brings New Trademark Fees

January 14, 2021 Trademark

2021 brings new trademark fees. The PTO states: “The overall strategy of the Final Rule is to balance a reasonable and affordable fee schedule with sufficient multi-year revenue to recover the aggregate costs of maintaining the USPTO’s trademark-related operations and accomplishing the USPTO’s trademark-related strategic goals. The Final Rule enables the USPTO to continue to enhance […]

31Dec 2020

New Trademark Rules: Legislators Seek to Streamline the PTO

December 31, 2020 Trademark
Congress

On Sunday, December 27, 2020, President Trump signed into law the $2.3 trillion coronavirus relief and government funding bill. Included within the massive piece of legislation are a number of new laws specifically addressing intellectual property issues, including the 2020 Trademark Modernization Act (TMA), the Case Act and other copyright related legislation discussed in another article […]

12Nov 2020

SCOTUS To Consider Dog Poo?

November 12, 2020 Trademark
Supreme Court

No joke, sometimes, we come across a trademark dispute that cries out for a mention. Here’s one. VIP Products (“VIP”) sells among other things a line of toys, which it calls “Silly Squeakers.” Dog lovers/readers may be familiar with them. The line of vinyl dog toys consists of vinyl replicas of liquor, beer, wine, and […]

09Jul 2020

Netflix and the Air Force Battle For Space (Force)

July 9, 2020 Trademark

In a story that would make a screenwriter jealous, it seems that the newly-minted U.S. Space Force may have lost trademark rights in the term “Space Force” to Netflix. On June 18, 2018, President Trump announced the U.S. Space Force which came to life on December 20, 2019, with the signing of the National Defense Authorization Act for Fiscal Year 2020, […]

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