USPTO Begins ID Verification for Trademark Applications

IP Practicum trademark

On June 30, 2022, the USPTO’s new Director, Kathi Vidal, discussed the new identity verification requirements for filing of new trademark applications, commencing on August 6, 2022 (just in five days from now). The new ID verification follows from the Trademark Modernization Act and the USPTO’s crackdown on fraudulent trademark applications and fraud-upon-the-office issues which …

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USPTO Updates Exam Guide for Generic Marks

genericism trademark

On May 23, 2022, the U.S. Patent and Trademark Office updated its exam guideline for examining generic marks, Examination Guide 1-22. The guideline clarifies that the establishment of a prima facie case of generic marks will be based on the reasonable basis standard, which is the same standard used for other substantive refusals of trademark …

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Spotlight on I.P.: Geographical Indications

geographical indication trademark

When asked to describe what is I.P., most people will reply with a generalized answer of patents, copyrights, or trademarks.  However, the field of intellectual property encompasses more sub-categories than these “Big 3.”  This blog posting will consider one of the many other I.P.s, specifically geographical indications. What is a Geographical Indication (GI)? A geographical …

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First Amendment Trumps Trump

1st amendment section 2(c) trademark

On February 24, 2022, the Court of Appeals for the Federal Circuit held in In re Elster,[1] that Section 2(c) of the Lanham Act (15 U.S.C. §1052(c)) unconstitutionally restricts free speech.  In doing so, the Fed Circuit cleared the way for trademark applicants to utilize their marks used in commerce as a platform to comment …

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Spread Some LOVE . . . Or Not

authorship copyright originality trademark

Today, May 1, is Global Love Day.  To commemorate the day, we spotlight ”love,” specifically the trademark registrations and copyright applications for LOVE.  Registrant At World Properties, LLC, a real estate brokerage company based in Chicago, Illinois, registered two marks with the USPTO, one each stylized trademark and service mark for LOVE®.   The first …

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More Russian Warships, More Failures to Function

failure to function trademark

As of March 21, 2022, the Russian invasion of Ukraine continues, and so do the filings of trademark applications capitalizing on that war. As discussed in an earlier blog, RUSSIAN WARSHIP, GO FUCK YOURSELF was filed on February 26, 2022, just two days after Russia invaded Ukraine. Since then, there have been six other renditions …

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USPTO Cuts Ties with Rospatent, Belarus, EAPO

patent trademark

On March 7, 2022, the United States Patent and Trademark Office (USPTO) announced that it severed its ties with the Federal Service for Intellectual Property of Russia (i.e., Rospatent) and the Eurasian Patent Organization (EAPO) (which is based on Russia), as well as the National Center for Intellectual Property of Belarus. This is consistent with …

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“Russian Warship, Go Fuck Yourself” as a Battle Cry? Yes. As a Registrable Mark? Probably Not

failure to function trademark

The world is currently seeing the invasion of Ukraine by Russia, and there has been one catchphrase which has seemingly captured the fighting ethos of the Ukrainian people: “Russian warship, go fuck yourself.” With that said, it was only a matter of time before this common phrase would wind its way as a trademark application …

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Ukrpatent Is, Amazingly, Still Operating

copyright patent trademark

As news of the Russian invasion of Ukraine happened last week, the Ukraine State Intellectual Property Institute, or Ukrpatent, announced that it is, in fact, still operating on full-time “providing all the necessary functions and continuous operation of the state system of legal protection of intellectual property.” The Ukrpatent office is located in downtown Kyiv, …

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That Sucks! Otherwise Generic gTLD Still Non-Registrable Because Not Attached with Preceding Domain Name

1st amendment distinctiveness failure to function genericism trademark

On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd.,[1] the decision of the USPTO’s Trademark Trial and Appeal Board (TTAB) refusing registration to .SUCKS as a service mark for Vox’s domain name registry services. However, the Fed Circuit agreed with the TTAB in that …

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