On June 8, 2026, the Second Circuit Court of Appeals issued its opinion in Peju Province Winery L.P. v. Cesari S.R.L.. The long-running trademark battle centered on whether a 2004 Trademark Trial and...
While the legal battles between generative AI and copyright have dominated the headlines, a secondary, equally volatile storm is brewing in the world of intellectual property: trademarks. Trademarks...
In the world of intellectual property prosecution, receiving a Notice of Allowance (NOA) from the United States Patent and Trademark Office (USPTO) is generally a reason to celebrate. Normally, it...
In the world of branding, not all trademarks are created equal. While you might have a dozen different names for specific products, there is often one name that rules them all – the House Mark. Think...
In the world of trademark law, there is a common misconception that simply using a word or logo on a product makes it a mark. However, the USPTO often issue a failure-to-function refusal – a...
You have developed the perfect name for your new product. It is catchy, memorable, and perfectly captures your brand’s essence. You are ready to file that trademark application and make it official....
With a new presidential administration, as of early 2026, the United States Patent and Trademark Office (USPTO) has significantly shifted its posture under a more protectionist “America First”...
For a Small to Medium Enterprise (SME), a trademark is more than just a logo; it is a primary business asset. While “common law” rights exist simply by using a name in business, they are...
One of the fundamental principles of trademark law is that certain terms cannot function as trademarks because, as being merely descriptive of the goods or sources, these marks lack the role as an...
When the USPTO examines trademark applications or when courts assess potential trademark infringement, they rely on a multifaceted analysis to determine whether two marks are likely to cause consumer...