Organisation: USPTO

USPTO proposed fee changes: WIPO believes rule update will "violate" Madrid Protocol

The comment window for the USPTO’s proposed adjustment of trademark fees closed on 29 May, with some scathing in their assessment of the proposed rule changes.

31 May 2024

Trademark activity drops across all but one major register, Clarivate report shows

Trademark filings fell across five of six major registers in 2023, a new report by Clarivate reveals, but the results are more positive than they seem.

30 May 2024

“40 years of predictability has been discarded”: Federal Circuit applies new flexibility to design patent obviousness

The decision to apply a new, flexible standard to design patent obviousness could open design patents to more validity challenges, result in inconsistent rulings and benefit counterfeiters and aftermarket companies, attorneys warn.

29 May 2024

How to protect your clients from new scams targeting US trademark applicants

The significant increase in fraud against rights holders is a key cause of concern for clients in the United States. WTR Global Leaders reveal how they stay a step ahead while others call for change at the USPTO.

28 May 2024

District court erred in granting preliminary injunction, Second Circuit rules

In an infringement spat between the Fire Department of New York and a first responder, the Second Circuit overturned a district court decision to grant a preliminary injunction. The ruling highlights the importance of the differences between descriptiveness and secondary meaning under the Lanham Act.

23 May 2024

IP Office Innovation Ranking 2024: boundary-pushing registries revealed

WTR reveals the world’s most advanced IP offices for digital and non-core activities in the sixth edition of our exclusive ranking.

16 May 2024

TTAB denies Meta Platforms' motion to dismiss in dispute with MyMeta Software

The case highlights the importance of determining the rights upon which an opposition may be brought when filing for an extension of time to oppose.

14 May 2024

“The implications are profound” – USPTO domicile rule heads to Supreme Court

A petition has been filed at the US Supreme Court to take up a case to end the USPTO’s domicile address requirement, with the trademark community urged to consider filing a petition in support of certiorari.

13 May 2024

“Disappointing” – USPTO suffers second data breach of applicant domicile addresses

USPTO confirms it has suffered a “data security incident” exposing the private domicile addresses of trademark users – the second such incident in less than a year.

10 May 2024

Timberland denied trade dress registration over lack of distinctiveness

The Fourth Circuit has upheld a district court decision to deny footwear manufacturer Timberland trade dress protection for its boot design. The decision highlights the need for direct evidence of a unique, nonfunctional design when applying for protection of this kind.

09 May 2024