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Why is Patent Litigation so Expensive?
NPE Showcase – Legislative Update
USPTO Proposes Trademark Fee Schedule Change
On May 8, 2023, the USPTO announced its preliminary proposal to adjust its schedule of trademark fees, which was last modified January 2, 2021.[i] The USPTO states that the existing fee schedule does not allow for enough revenue because of (1) the change in both applicant filing behaviors and trademark demand, and (2)
SCOTUS To Examine Whether First Amendment “Trumps” Lanham Act
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment.
Applicant Steve Elster applied to register the trademark TRUMP TOO SMALL for t-shirts back in 2018. The US Patent and Trademark Office (“USPTO”) refused registration on the
The Supremacy Clause and Trademarks: Why State Cannabis Legalization Isn’t Enough for a Federal Trademark
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
Foreign Filing Licenses – An Overlooked Pitfall of Last Minute Patent Filings
Patent applications are often filed at the last minute. Priority considerations force the application to be filed expeditiously to avoid statutory bars or catastrophic public disclosure issues. But filing too quickly—or in the wrong country—may cause the eventual patent to be invalid for failure to obtain a foreign filing license.
What is a Foreign Filing
Serving the USPTO Director in Actions Involving Non-US Companies: A Little-Known Provision of the Lanham Act
This post was originally published to Seyfarth’s International Dispute Resolution Blog.
There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. 15 USC § 1051(e) provides that if a non-U.S. entity registers for a trademark in the United States without designating a United States resident
It’s About Damn Time – The TTAB Recognizes Lizzo’s Rights in 100% That Bitch
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%
Is That Really Appealing? – 2022 Affirmance Rates of the TTAB
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