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9 Jan 2015, 5:32 am
; (2) does the meaning disparage Native Americans? [read post]
22 Dec 2009, 2:54 am by John L. Welch
So let's imagine that you're facing a final Section 2(e)(1) mere descriptiveness refusal of STENTALLOY for "wrought or unwrought metal alloys for use in sheet, bar, coil, wire, strip and plate form having mechanical properties, purity and corrosion resistance suitable for use in medical devices. [read post]
25 Jun 2013, 3:23 am by John L. Welch
Craigslist, Inc. applied to register "a peace symbol" in the color purple, as a service mark for various on-line services, but the PTO refused registration under Sections 1, 2 and 45 of the Trademark Act on the ground that the purported mark is a universal symbol that cannot be registered without the addition  of distinctive matter. [read post]
16 Feb 2017, 3:41 am
In re Oak Park Brewing Company, Inc., Serial No. 86329948 (February 14, 2016) [not precedential].Material alteration: In an application under Section 1(b), an applicant may amend the drawing of the mark if "[t]he proposed amendment does not materially alter the mark. [read post]
14 Nov 2022, 10:09 am by Eugene Volokh
" If the defendant meets this burden, the Lanham Act does not apply unless "the defendant's use of the mark (1) is not artistically relevant to the work or (2) explicitly misleads consumers as to the source or the content of the work. [read post]
14 Aug 2020, 4:01 am
The mark does not describe a "quality, feature, function, or characteristic" of the goods, and therefore it is not merely descriptive under Section 2(e)(1). [read post]
25 Mar 2024, 1:15 pm by Guest Author
Board of Governors of the Federal Reserve System,[1] recently argued in the Supreme Court, mainly concerns the limitations period for judicial review of agency decisions. [read post]