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Which Thanksgiving Food Brand is the Oldest?

In Uncategorized by Stacey Kalamaras

Here in the U.S. it’s nearly Thanksgiving, my favorite holiday. I thought it would be interesting to explore some famous branded food items often seen around a typical American holiday table. Any guess as to which brand is the oldest? I’ll admit even I was surprised. Let’s have some fun! Let’s talk turkey. Butterball turkey has been a U.S. registered …

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TTAB Rules that Reckless Disregard for Truth Rises to Fraud

In Trademarks, TTAB by Stacey Kalamaras

On September 30, 2021, in a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) clarified that “reckless disregard satisfies the requisite intent for fraud on the USPTO in trademark matters.” Chutter, Inc. v. Great Management Group, LLC,2021 USPQ2d 1001 (TTAB 2021). This question was left open by the Federal Circuit in the seminal case of In re Bose. Since …

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How to Handle Recent USPTO Delays

In Trademarks by Stacey Kalamaras

The USPTO has been experiencing a surge in new trademark application filings since the height of the pandemic and this has caused delays in examining applications and issuing trademark registrations. There are many possible reasons for the surge in new trademark applications filings including a record number of small businesses being formed, changes to Amazon’s brand registry program, established businesses …

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World IP Day 2021: Celebrating Small Business Owners

In Trademarks by Stacey Kalamaras

Today is World Intellectual Property Day, and this year, we take the time to celebrate small businesses who are the lifeblood of our global economy. In the United States, small businesses drive our economy – they comprise more than 90% of our businesses and employ nearly half of the country’s workforce. This past year as we faced one of the …

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The Trademark Modernization Act is Coming: Ready or Not!

In Trademarks by Stacey Kalamaras

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 …

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When Should I Apply for a Trademark?

In Trademarks by Stacey Kalamaras

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 …

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USPTO To Raise Trademark Filing Fees Effective January 2, 2021

In Trademarks by Stacey Kalamaras

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 …

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What Is a Trademark Opposition and What Should I Do if My Application is Opposed?

In Trademarks by Stacey Kalamaras

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 …

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Intellectual Property Considerations When Brands Adapt For Racial Justice

In Intellectual Property by Stacey Kalamaras

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 …

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Understanding the Fair Use Doctrine Under the Copyright Act

In Copyrights by Stacey Kalamaras

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 …