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Author Archive | Jim Pravel

monster

Trademark Specimens to Show Use Acceptable if They Have Minor Alterations Compared to Drawing

On June 6, 2017 the US Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) issued a precedential opinion in In re University of Miami (Re TM Serial Number 86616382)   Under the Trademark Act, an applicant must file specimens that show the mark used in commerce.  These are typically pictures of labels or […]

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online-marketing-concept

US Trademark Office to Randomly Review Declarations of Use (Sections 8 & 71)

The US Patent and Trademark Office (“PTO”) has made effective as of February 17, 2017 a rule concerning the examination of affidavits or declarations of continued use or excusable nonuse filed under section 8 of the Trademark Act, or affidavits or declarations of use in commerce or excusable nonuse filed under section 71 of the […]

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time traveler blonde

Trademark Consent Agreements May Not Always Prevent a Likelihood of Confusion According to US Patent and Trademark Office TTAB

The US Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) held in In re Bay State Brewing Company, Inc., Serial No. 85826258 (TTAB, February 25, 2016) that a consent agreement may not necessarily overcome a likelihood of confusion rejection by trademark examining attorney. At issue in the case was whether TIME TRAVEL BLONDE […]

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hard drive detail

CAFC holds “User Interface” Does Not Include Other Machine-Type Interfaces

On February 10, 2016 the Court of Appeals for the Federal Circuit (CAFC) decided the case of Convolve, the Massachusetts Institute of Technology v. Compaq Computer Corp. and Seagate Technology, Inc. (February 10, 2016, 2014-1732, CAFC). The technology at issue in the case involved improvements in computer hard drives described in US Patent No. 6,314,473 […]

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