The Trademark Modernization Act of 2020 (“TMA”) was passed by the U.S. Congress on December 27, 2020 as part of the huge COVID relief package that sent most Americans an additional $600 stimulus check. Although the changes will not be implemented at the USPTO until December 27, 2021, there are several sweeping changes that will be forthcoming and many details …
When Should I Apply for a Trademark?
Any person interested in protecting their intellectual property should apply for a trademark as quickly as possible to ensure the maximum amount of legal protection. The trademark does not need to already be in use in interstate commerce or even have an online presence in order to file a trademark application. In fact, under the United States Patent and Trademark …
USPTO To Raise Trademark Filing Fees Effective January 2, 2021
The United States Patent and Trademark Office (USPTO) first announced that trademark filing fees would be increasing in August 2019 but delayed rolling out the increase due to the pandemic. Late this summer, the new Commissioner of Trademarks announced that the increase would become effective January 2, 2021 without announcing the specific fee structure. The USPTO has not raised fees …
What Is a Trademark Opposition and What Should I Do if My Application is Opposed?
A trademark opposition is a type of litigation proceeding at the Trademark Trial and Appeal Board (Board) where a third party can object to your application before it is granted a registration. Essentially, when someone files an opposition against your application, they are telling the USPTO that they would be harmed if your trademark could be registered. What does it …
Intellectual Property Considerations When Brands Adapt For Racial Justice
There are many reasons why brands might need to change their name or undergo a rebranding effort. For the past three months, outcries for racial justice reform has been in the spotlight and many brands have stepped up to ensure their brands and imagery reflect racial equality and inclusiveness for all. Many established brands, however, are not strangers to evolving …
Understanding the Fair Use Doctrine Under the Copyright Act
Lately, I’ve been seeing a lot of misinformation online and in groups I belong to on the topic of copyright law and the fair use doctrine as a defense to copyright infringement. The people giving this advice are not licensed attorneys, but rather, are fellow business owners who are just trying to help. The problem is they are giving bad …
Navigating the Difference Between the TM Symbol and the Circle R Symbol for your Trademark
Navigating how to use your trademark is as important to understand as when to seek protection for your trademark. Have you ever wondered what the difference is between the TM symbol and the circle R symbol when using your trademark? The differences between the two are important, so please read on. What is a trademark? A trademark is a word, …
Supreme Court: Booking.com is Not a Generic Term
On June 30, 2020, the U.S. Supreme Court (“SCOTUS”) had no reservations in finding that Booking.com is a recognized trademark and not a generic term as the United States Patent and Trademark Office (“USPTO”) had argued. In the highly anticipated 8-1 majority opinion written by Justice Ginsburg, SCOTUS ultimately ruled that the adding of the “.com” top level domain (“TLD”) …
Coming soon – the GEORGE FLOYD production company? No!
An unrepresented individual filed a trademark application last week for GEORGE FLOYD for “production and distribution of television shows and movies” and his name is not George Floyd, obviously. This kind of opportunism must stop. Since George Floyd’s death, there have also been ten trademark applications filed for I CAN’T BREATHE or close variations thereof, mostly for clothing and surgical …
U.S. Supreme Court Denies “Defense Preclusion” Doctrine Coined by the Second Circuit
On May 14, 2020, the U.S. Supreme Court (SCOTUS or Court) denied the “defense preclusion” doctrine coined by the Second Circuit. SCOTUS ended the legal battle that spanned nearly 20 years between Lucky Brand and Marcel Fashions Group, Inc. in Lucky Brand’s favor. The Court was tasked with a case of first impression in deciding whether the legal doctrine of …