No Contest!

Wouldn’t you like to own a trademark that can’t be challenged? The U.S. statute governing trademarks (the Lanham Act) provides that after a trademark has been registered on the Principal Register for five years, and after any 5-year period of continuous use on or with the goods and/or services identified in the registration, the registration … Continued

Scandalous and Immoral Trademarks Still Forbidden – For Now

A few months ago the U.S. Supreme Court decided that the federal law barring trademark registration for marks that may or do “disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute” was an unconstitutional violation of the First Amendment. We noted at the time that the … Continued

Descriptively Speaking, It’s Supplemental

Descriptive brand names are seductive, if for no other reason than the belief that the name itself helps in the marketing of the goods and services.  So marks like “Gal Fashion” for women’s clothing stores and “Fitband” for an armband to hold fitness tracking devices prove hard to resist.  But when it comes to registering those … Continued

Does Gronk look like Mike?

Does Rob Gronkowski spiking a football remind you of Michael Jordon dunking from the foul line?  Nike thinks it does!  Through his company, Gronk Nation, LLC, New England Patriots tight end Rob Gronkowski filed a trademark application for the following silhouette of himself spiking a football.  While the USTPO approved the application for publication, Nike … Continued

Madrid Protocol: Contracting Parties

Registration of U.S. trademarks may be obtained in any or all of the nations listed below by means of a single application to the Madrid System for the International Registration of Marks under the Madrid Protocol. This application, based on an existing U.S. application or registration, is initiated in the U.S. Patent and Trademark Office. … Continued

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