9th Circuit Punches the First Amendment into the Bowl
The facts are as follows. The plaintiff, Punchbowl, Inc., is an online greeting card company, using and owning the PUNCHBOWL mark since 2006. The defendant AJ Press is the owner of PUNCHBOWL NEWS, an...
New Response Deadline Rule Soon to Take Effect
As part of the implementation of the Trademark Modernization Act (TMA) of 2020, the new USPTO rule (formerly 37 C.F.R. §2.62(a)) to respond to trademark office actions will drop from the former...
USPTO Begins ID Verification for Trademark Applications
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...
USPTO Updates Exam Guide for Generic Marks
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...
Spotlight on I.P.: Geographical Indications
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...
First Amendment Trumps Trump
TRUMP TOO SMALL mark, Steven Elster, applicant, Ser. No. 87749230, filed Jan. 10, 2018 On February 24, 2022, the Court of Appeals for the Federal Circuit held in In re Elster, that Section 2(c) of...
Spread Some LOVE . . . Or Not
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...
More Russian Warships, More Failures to Function
More RUSSIAN WARSHIP, GO FUCK YOURSELF (and variations) trademark applications filed with USPTO since war in Ukraine began As of March 21, 2022, the Russian invasion of Ukraine continues, and so do...
USPTO Cuts Ties with Rospatent, Belarus, EAPO
United with Ukraine 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.,...
“Russian Warship, Go Fuck Yourself” as a Battle Cry? Yes. As a Registrable Mark? Probably Not
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...
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