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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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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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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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US Trademark Act Ban on Disparaging Trademark Registrations Held Unconstitutional by Federal Circuit

The en banc U.S. Court of Appeals for the Federal Circuit (“CAFC”) has struck down a provision of the Lanham Act that denies registration for “disparaging” trademarks. On December 22, 2015, the CAFC ruled in an appeal by Simon Shiao Tam, who wants to trademark the name of his Asian-American rock band, the Slants.  The […]

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