Posted February 27, 2017

BORN UNDER A BAD SIGN:  USE OF A MARK ON A DOOR SIGN

The Trademark Trial and Appeal Board has found that the use of a mark on the front door of a business location -- without any references to the services being offered inside -- does not constitute a valid service mark usage...

Posted September 4, 2015/Published in IP Law360  on-line September 4, 2015

AN OPPORTUNITY TO CHANGE TM REGISTRATION FOR OUTDATED TECH

The USPTO commenced a new Pilot Program on September 1st... 

Posted July 8, 2015

TTAB DECISION REINFORCES NEED TO CLARIFY AND DOCUMENT TRADEMARK AGREEMENTS IN WRITING

Don't presume a presumption of ownership will apply:  TTAB cancels registration owned by foreign manufacturer of

 product distributed in the US... 

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Law Offices of Dickerson M. Downing

Posted June 23, 2015 

CAFC DECISION UNDERSCORES NEED TO THINK STRATEGICALLY ABOUT  USE OF MARKS IN ITU APPLICAT​IONS

An application can be successfully opposed if the applicant fails to establish it had a bona fide  intent to use the mark sought to be registered...

ALERTS 

Synopses of Recent Noteworthy  Decisions and Developments


Posted July 5, 2016

PAINT IT WHITE:  TTAB PERMITS APPLICATION TO REGISTER THE COLOR WHITE FOR GUNPOWDER

Can you ever register the color white as a trademark for anything?  Is white really a color in the first place?  The Trademark Trial and Appeal Board answered the first question and dodged the second...

Posted August 6, 2015/Published in IP Law360  on-line August 5, 2015

TRUMP WINS REPUBLICAN PRIMARY RACE FOR TM REGISTRATION

To register or not to register your campaign slogan...

Posted July 26, 2017

LANHAM ACT "DISPARAGEMENT CLAUSE" FOUND TO VIOLATE THE FIRST AMENDMENT

In striking a blow for freedom of speech, the Supreme Court has struck down a provision of the Lanham Act that prohibits the registration of marks that may "disparage"...

Posted November 16, 2016

WHAT'S THE USE: CAFC FINDS MINIMAL TRADEMARK USE SATISFIES THE "USE IN COMMERCE" REQUIREMENT FOR REGISTRATION

The Lanham Act provides the "[t]he owner of a trademark used in commerce may request registration of its trademark"... How much use is enough?...

Downing IP Law

Posted January 6, 2017

CAFC FINDS DOTBLOG MARK NOT DESCRIPTIVE OF INFO SERVICES ABOUT BLOGS PROVIDED VIA THE INTERNET

In a recent decision, the Court of Appeals for the Federal Circuit found DOTBLOG to be suggestive and not descriptive of information services about blogs provided through the Internet...

Posted February 3, 2017

DON'T PAINT IT GREEN

You can register a color mark.  But most of the time you probably can't.  This point was made once again by the Trademark Trial and Appeal Board in a decision...