by Sharon Adams | Nov 12, 2019 | Trademarks
Rush to Register Trademarks Is On! More and more independent merchants are opening businesses and using online platforms to sell their products or services. Amazon is a key player in the online market. Amazon’s CEO Jeff Bezos says that independent merchants...
by Sharon Adams | Oct 12, 2019 | Trademarks
A office action from the U.S. Patent & Trademark Office states that the trademark is not “distinctive” and therefore will not be allowed register on the Principal Register. However the mark may qualify for registration on the Supplemental Register. What does this...
by Sharon Adams | Jul 30, 2019 | First Amendment, Trademarks
Three In a Row for First Amendment Protection of Trademarks Trademark law prohibits registration of a scandalous or immoral trademark. However, in Iancu v. Brunetti, the U.S. Supreme Court recently held this provision of the law violates the First Amendment. Erik...
by Sharon Adams | Apr 29, 2019 | Collective Membership Trademarks, First Amendment, Trademarks
Mongols Nation Motorcycle Club Keeps Its Trademark The First Amendment may not come to mind when thinking about trademarks. However, the First Amendment was a crucial factor in a recent case about the government’s attempt to require forfeiture of a trademark...
by Sharon Adams | Feb 6, 2019 | Disparaging trademarks, Scandalous trademarks, Trademarks
FIRST AMENDMENT PROTECTS DISPARAGING TRADEMARKS A few years back a rock band tried to trademark its name — THE SLANTS. The U.S. Patent & Trademark Office (PTO) refused to register the trademark based on the statutory prohibition of “disparaging”...
by Sharon Adams | Dec 10, 2018 | Trademarks
Products that are used to smoke marijuana received U.S. federal trademark registration in November 2018. Yet it remains impermissible to trademark drug paraphernalia under federal law. How was this trademark obtained? Use-in-Commerce Specimen Submitted by Applicant in...
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