United States Patent and Trademark Office

At the end of last month, the United States Patent and Trademark Office (“USPTO”) released a guide clarifying how they were approaching the refusals of applied-for marks that could be generic. In the past, examining attorneys at the USPTO used a heightened “clear evidence” standard when refusing an applied-for mark for genericness, which resulted in

If I want to start using a trademark similar to someone else’s, does it matter whether other people are using similar marks? Last week, in Jack Wolfskin Ausrustung Fur Draussen Gmbh & Company KGAA v. New Millennium Sports, S.L.U., the United States Court of Appeals for the Federal Circuit said “yes.”

In Jack Wolfskin, Jack

On March 24, 2015, the United States Supreme Court held that prior decisions by the Trademark Trial and Appeal Board (“TTAB”) can prevent federal courts from later deciding whether there is a “likelihood of confusion” in trademark infringement lawsuits. In B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court reversed the decision of

On June 18, 2014, the United States Patent and Trademark Office granted a petition for cancellation of six “REDSKINS” trademark registrations owned by the Washington Redskins NFL team.  The registrations were issued between 1967 and 1990.  In a 2-to-1 divided decision, the Trademark Trial and Appeal Board concluded that the trademarks were disparaging to a