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11 Dec 2023, 12:30 pm
Based on this evidence, Black Card argued that (1) FOLLOW THE LEADER has no generalized information message, (2) the USPTO’s issuance of registrations for other FOLLOW THE LEADER marks confirm that Black Card’s mark can function as a trademark, (3) there is no blanket rule that commonly used phrases are not registrable, and (4) the failure-to-function refusal was premature because the FOLLOW THE LEADER application was filed on an intent-to-use basis. [read post]
11 Dec 2023, 12:30 pm
Based on this evidence, Black Card argued that (1) FOLLOW THE LEADER has no generalized information message, (2) the USPTO’s issuance of registrations for other FOLLOW THE LEADER marks confirm that Black Card’s mark can function as a trademark, (3) there is no blanket rule that commonly used phrases are not registrable, and (4) the failure-to-function refusal was premature because the FOLLOW THE LEADER application was filed on an intent-to-use basis. [read post]
10 Dec 2023, 8:31 pm
DABUS also encountered resistance in the United States, with the USPTO denying patent applications despite some indications of support within the field. [read post]
8 Dec 2023, 8:36 am
I am proud to have been the lead working with the dedicated employees at the USPTO on the section discussing the USDA and USPTO collaboration. [read post]
8 Dec 2023, 3:21 am
The USPTO refused to register the mark CREME DE LA CREME for raw and processed nuts, including candied nuts, "supplied to grocery chains and wholesale grocers," finding confusion likely with the mark CRÈME DE LA CRÈME registered (on the Supplemental Register) for "candy. [read post]
7 Dec 2023, 9:30 am
Patent and Trademark Office (USPTO) announced the new membership of its public advisory boards providing oversight of the patent and trademark operations of the agency. [read post]
7 Dec 2023, 9:30 am
Patent and Trademark Office (USPTO) announced the new membership of its public advisory boards providing oversight of the patent and trademark operations of the agency. [read post]
7 Dec 2023, 7:08 am
Xencore USPTO Reply Brief on Remand. [read post]
7 Dec 2023, 6:00 am
Chair of Olshan’s Intellectual Property Law Group and Co-Chair of the firm’s Brand Management & Protection Group Mary Grieco and Olshan Co-Managing partner, Chair of the firm's Advertising, Marketing & Promotion's Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman published a Law360 (subscription required) article entitled “Open Issues At The USPTO And Beyond After Biden AI Order” In the article, they… [read post]
7 Dec 2023, 6:00 am
Patent and Trademark Office (USPTO) recently announced on December 2, 2023 the Semiconductor Technology Pilot Program (STPP), which is designed to support the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022 by expediting the examination of patent applications related to semiconductor technology. [read post]
7 Dec 2023, 1:30 am
PATENTS Q&A CHECKLIST (PATENT FUNDAMENTALS) For information about U.S. patent law geared to attorneys news to the field, see > PATENT LAW FUNDAMENTALS RESOURCE KIT For selected statements of law describing the legal principles related to the question of whether a patent claim is directed to eligible subject matter, see > PATENT-ELIGIBLE SUBJECT MATTER (SECTION 101) STATEMENTS OF LAW For an overview of current practical guidance on generative AI, Chat GPT and similar tools, see >… [read post]
6 Dec 2023, 12:15 pm
Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case. [read post]
6 Dec 2023, 12:15 pm
Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case. [read post]
6 Dec 2023, 6:40 am
On November 15, 2023, U.S Patent and Trademark Office (USPTO) Director Kathi Vidal designated the Penumbra decision precedential. [read post]
6 Dec 2023, 6:40 am
On November 15, 2023, U.S Patent and Trademark Office (USPTO) Director Kathi Vidal designated the Penumbra decision precedential. [read post]
5 Dec 2023, 8:03 pm
Featured talks from both David Gooder, Commissioner for Trademarks and Mollybeth Kocialski, Director of the Rocky Mountain USPTO. [read post]
5 Dec 2023, 8:37 am
Trademark RegistrationBoth traditional trademarks (e.g., logos and brand names), and nontraditional trademarks (e.g., furniture designs), can be registered with at the USPTO. [read post]
5 Dec 2023, 4:15 am
Patent and Trademark Office (USPTO) Director Andrei Iancu, featured a number of high-profile political and professional figures in the intellectual property space debating approaches to strengthening the U.S. patent system, with an emphasis on national security. [read post]
5 Dec 2023, 4:15 am
Patent and Trademark Office (USPTO) Director Andrei Iancu, featured a number of high-profile political and professional figures in the intellectual property space debating approaches to strengthening the U.S. patent system, with an emphasis on national security. [read post]
4 Dec 2023, 9:08 am
Respect the Look My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry If the Word “Emoji” is a Protectable Trademark, What Happens Next? [read post]
