Organisation: USPTO

Ninth Circuit clarifies power of district courts to cancel pending applications in infringement spat

In a dispute between two smoking product retailers, the Ninth Circuit has upheld a district court decision to cancel a pending trademark application. The decision sheds light on the jurisdiction of federal courts when it comes to resolving cases by cancelling pending applications.

02 May 2024

Why the USPTO’s Lawful Use rule is well past its prime

In this week’s opinion, Ritter Spencer Cheng’s Chelsie Spencer argues that, by insisting that cannabis-related marks must be for use in lawful commerce, the USPTO is overstepping its statutory authority and applying its own rules inconsistently.

27 April 2024

IP budgets forecast to rise in 2024; trademark clearance to cause headaches for in-house teams

A new impact study by UnitedLex shows that most US in-house and law firm IP practitioners expect IP filings and investment to increase in 2024, but trademark clearance and office action responses could be sources of operational drag.

18 April 2024

VEUVE CLICQUOT v VEUVE OLIVIER: TTAB favours petitioner as respondent defaults in cancellation action

Viticulture giant MHCS, owner of the mark VEUVE CLICQUOT for “champagne”, was assisted by the relative absence of the respondent from the proceedings.

18 April 2024

USPTO proposes new filing rules for 2025

The USPTO has requested written opinion from the public in response to its proposed changes to trademark filing procedures and fees. The new rules aim to support the office’s strategic objectives and improve prosecution.

18 April 2024

Ninth Circuit: federal courts have jurisdiction to hear challenges to trademark applications

The decision serves as a warning to applicants that pending trademark applications are not shielded from scrutiny by the federal courts.

15 April 2024

USPTO publishes guidance on use of AI in office searches and submissions

The USPTO has published formal guidance on how trademark and patent professionals can use AI tools for office searches and submissions in a way that is safe, accurate and in line with their professional obligations.

12 April 2024

“Trademark scams are on the rise” – USPTO webinar reveals anatomy of filing fraud

The USPTO has unveiled more details about its anti-fraud initiatives after admitting that there has been a significant increase in “trademark scams involving the impersonation of government employees”.

11 April 2024

KIPO launches counterfeits reward programme; USPTO issues AI tool guidance; EUIPO supports ‘Fight Fake’ campaign – IP office updates

In this latest update, we look at new appointees to the IP Office of Singapore’s panel of IP adjudicators, the Taiwan IP office changing the URLs for its services, and much more.

10 April 2024

IP office® – how trademark registries protect their own brands to help combat scams

WTR delves into the trademark portfolios of offices around the world to uncover those most active in protecting their own intellectual property.

08 April 2024