There have been a few observers, commentators, and practitioners who have been reporting that state trademarks/service marks can be freely registered through the Secretary of State’s office. This is not accurate. This post will hopefully clear up the misconceptions surrounding registration of a state trademark or service mark for cannabis-related goods or services. First, legislation …
Category: trademark
How a Government Shutdown Will Affect the USPTO
Many of us patent practitioners like to think we are somewhat immune to politics, but unfortunately that is not always the case. As the threat of a government shutdown looms later today, January 19, 2018, there were questions on its affect on the operations of the United States Patent and Trademark Office. On December 7, …
IP Data Trends & Analysis
The World Intellectual Property Organization (WIPO) releases data and statistics[1] compiled over the world of various intellectual properties each year. These include patent, trademark, industrial designs, utility models, and plant varieties. The data is interesting and a few suggestions on the trends can be seen from this data. First, China (CN) continues to lead the …
CannabIP: Trump Administration Rescinds Cole Memo
On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded the so-called Cole Memo limiting federal prosecution of marijuana offenses. The Cole Memo was enacted in 2013 under former President Barack Obama’s administration, and was guidance to U.S. Attorneys on Justice Department enforcement of federal marijuana laws. It specifically outlines those activities which should …
IP Practicum: WIPO Retires ROMARIN for International Trademark Registrations; Madrid Monitor to Replace
On December 19, 2017, the World Intellectual Property Organization (WIPO) published a news release formally retiring the ROMARIN trademark search database, and replacing it with the new Madrid Monitor system, starting January 1, 2018. This will apply to all international trademark applications filed under the Madrid System for the Registration of Marks, also known just …
CannabIP: California Releases Cannabis-Related Trademark Guidelines
On January 1, 2018, the largest market in the U.S. is set to begin licensing and commercializing adult-use marijuana. California’s adult-use marijuana start date is highly anticipated by many in the cannabis industry. The Secretary of State has recently launched Cannabizfile, an online business portal to cannabis regulation, business licensing, corporate registration, and trademark/service mark …
Fed Circuit Watch: Lanham Act Section 2(a) Scandalousness Clause Deemed Unconstitutional
On December 15, 2017, the United States Court of Appeals for the Federal Circuit handed down its decision in In re Brunetti.[1] In Brunetti, the Federal Circuit panel, consisting of Judges Moore, Stoll, and Dyk, held that although the FUCT trademark contained immoral or scandalous matter, it remained federally registrable as a trademark because of …
The Slants’ Saga Ends: USPTO Registers Service Mark
On November 14, 2017, six years to the day after the application was first filed with the USPTO which precipitated the landmark U.S. Supreme Court ruling in Matal v. Tam[1] striking down the disparagement clause of Section 2(a) of the Lanham Act, the USPTO has registered THE SLANTS service mark in International Class 41 for …
USPTO Issues Exam Guideline on Merely Informational Matter
On July 30, 2017, the USPTO issued an Examination Guideline 2-17 on Merely Informational Matter. The Guideline is meant to assist Trademark Examining Attorney on case law relevant to trademarks and service marks which can merely be considered informational in nature only, and do not function as a source identifier for a particular good or …
USPTO Issues Exam Guidelines Consistent with Tam Decision
On June 26, 2017, the United States Patent and Trademark Office issued an updated Examination Guideline 01-17, consistent with the recent Matal v. Tam, 582 U.S.___ (2017), ruling by the United States Supreme Court, and for which our analysis was the subject of a previous post. In that decision, the Supreme Court held that the …