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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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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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ice bucket

ALS Association withdraws US Trademark Applications to Register “Ice Bucket Challenge”

The Amyotrophic Lateral Sclerosis Association (“ALS”) has withdrawn its US Trademark Applications that include the phrases “ice bucket challenge” and ALS ice bucket challenge.  The group posted to Facebook explaining its decision: We’ve received several messages regarding the trademark applications we filed. We filed for these trademarks in good faith as a measure to protect […]

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Federal Circuit Upholds TTAB’s Finding of Abandonment of Lens.com’s LENS Mark

On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc.  In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s […]

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