The Reasons Trademarks Are Refused Registration

It’s become easy, perhaps too easy, to submit an application to register a trademark on your own.  You can fill in and submit an application for U.S. registration here, but it takes the Trademark Office several months to examine the application.  In that time you’ve probably invested in packaging, promotional materials, a website, and advertising, … Continued

CBD and Your Branding

Cannabidiol (CBD) is a chemical compound, a cannabinoid, derived from the marijuana plant (cannabis sativa).  CBD is generally non-psychotic.  Most forms contain only trace amounts of the hallucinogen THC (tetrahydrocannabinol).  Used in supplements, creams, oils, tinctures, and ointments CBD is said to have a range of health and palliative benefits.  Where states have made marijuana … Continued

Audits? Not Just Your Taxes, Your Trademarks Too

Last year the U.S. Trademark Office tested and then formally implemented the Proof Of Use Audit Program.  Under this program, some registrations, randomly selected, will now be targeted for audit when a Declaration of Use is submitted either to maintain the registration during the sixth year after registration or to renew the registration at the … Continued

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

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