On June 19, 2017 the US Supreme Court in Matal v. Tam, 582 U.S._ (2017), affirmed the ruling of the Court of Appeals for the Federal Circuit. Simon Tam, the lead singer of the Asian rock group “The Slants”, chose the name in order to “reclaim” the term an drain its denigrating force as a…

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…

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…

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…

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…

© 1994-2017 Intella IP - All Rights Reserved Worldwide