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

The nations in bold are currently members of the European Union and individually contracting parties to the Madrid Protocol. Malta and Netherlands, which are also members of the E.U., are not individually contracting parties to the Madrid Protocol. African Intellectual Property Union (OAPI) Albania Algeria Antigua and Barbuda Armenia Australia Austria Azerbaijan Bahrain Belarus Belgium Bhutan Bosnia … Continued

Your Trademarks Are Protected Speech

A few months ago we reported on a case in which the U.S. Trademark Office had refused registration of THE SLANTS as a trademark for live musical performances as being disparaging of people of Asian descent. Last week the U.S. Supreme Court concluded that the basis for that refusal, the Trademark Act’s “disparagement clause”, was … Continued

1 2 13