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…

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…

On January 17, 2015 the US Patent and Trademark Office reduced its filing fees for Federal Trademark Applications. The fees for online filing of TEAS Plus was reduced by $50 to $225 per class of goods or services.  The TEAS Reduced Fee (TEAS RF) Application is a new type of online application having a filing…

The Amyotrophic Lateral Sclerosis Association (“ALS”) has withdrawn its US Trademark Applications that include the phrases “ice bucket challenge” and ALS ice bucket challenge.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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