This post was originally published to Seyfarth’s The Blunt Truth blog.
Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was denied federal registration for its trademarks: BAKKED and
(collectively the
Melissa Viviane Jefferson, better known by her stage name Lizzo, popularized the phrase 100% THAT BITCH in her hit song “Truth Hurts.” But are popular song lyrics able to function as a trademark for a line of clothing?
Lizzo thought so as her trademark holding company, Lizzo LLC, filed several applications for the phrase 100%
Trademark applicants encounter refusals from the United States Patent and Trademark Office (“USPTO”) based on a myriad of issues. Section 2(d) likelihood of confusion refusals and Section 2(e)(1) mere descriptiveness refusals or disclaimer requirements based on descriptiveness are often issued by the USPTO.
These refusals have applicants scratching their heads to determine whether to pursue an