In the spirit of Thanksgiving, I decided to write this blog drawing parallels between building a successful brand and creating a cherished family recipe. Both require careful preparation and quality ingredients. Just as your grandmother carefully developed her infamous pie recipe, successful businesses must carefully develop their brand and vigilantly protect it through trademark law.

If you practice before the Trademark Trial and Appeal Board (TTAB), understanding how to effectively use stipulations can streamline proceedings and save your clients time and money. Although Section 501 of the Trademark Board Manual of Procedure (TBMP) provides guidance on stipulations, Section 501 is limited. The following blog post expands on best practices and pitfalls arising from stipulations.

Last week, this blog discussed a recent decision of the USPTO’s Trademark Trial & Appeal Board (TTAB) wherein the TTAB entered default judgment in favor of a party challenging Marvel and DC Comics’ co-owned trademark registrations for several SUPER HERO marks. Given the size of these parties and their reputations, some are wondering: Can DC and Marvel get these trademark rights back? The answer depends in large part on how the TTAB handles motions to set aside default judgments.

In a surprising turn of events, comic industry giants DC Comics and Marvel Characters, Inc. (collectively the “Registrants”) have lost their long-held trademark registrations for several SUPER HERO and SUPER HEROES marks. Be aware, however, that the proceeding was decided by way of default judgment rather than the merits.

Trademark practitioners devote a lot of time thinking about and discussing the distinctiveness of marks and whether a likelihood of confusion exists. Of course, there are other important issues. One such issue is trademark specimens. This blog post discusses Section 904.07(a) of the Trademark Manual of Examining Procedure (TMEP), entitled “Whether the Specimen Shows the Mark as Actually Used in Commerce.”

An important, but sometimes overlooked aspect of the trademark registration process is the timeline for filing a Statement of Use. This blog post explains the process set forth in Section 1108 of the Trademark Manual of Examining Procedure (TMEP). Section 1108 addresses Requests for Extensions of Time to File the Statement of Use.

I want to bring attention to a scam that has recently emerged, targeting businesses and their intellectual property. The scam involves deceptive emails about trademark registration, and it is important that you stay informed to protect your business.

The Pulitzer Prizes, first awarded in 1917 through the will of Joseph Pulitzer, are some of the most prestigious awards in American journalism and the arts. These annual awards celebrate outstanding achievements across various categories.

As a brand owner, understanding the legal landscape that governs trademark law is important for protecting your intellectual property. An important venue for brand owners is the United States Court of Appeals for the Federal Circuit (CAFC). This blog post explores the role of the Federal Circuit and its significance for brand owners.

As a business owner or entrepreneur, you've likely invested time and resources into developing your brand and securing trademark protection. Did you know that your trademark rights can be lost through abandonment? This blog post discusses what trademark abandonment means, why it happens, and most importantly, how you can avoid it.

For wineries, trademarks are key assets that distinguish their products from those of their competitors. As the wine industry becomes increasingly global, protecting these trademarks internationally has become increasingly complex. Enter the Madrid System—a streamlined solution for wineries (and other brand owners) seeking to safeguard their brands across multiple countries with a single application.

As the wheels of our plane touched down in Paris on July 18, 2024 - my birthday - little did I know that our journey to Nice would be filled with unexpected encounters, breathtaking views, and unforgettable experiences. Join me as I recount our adventure in the sun-soaked French Riviera.

As a trademark lawyer, I'm always on the lookout for real-world examples that illustrate trademark concepts. Recently, while driving along the highway, I spotted a sign that caught my eye. The sign, belonging to a retail business, touted: "We always beat X's prices by at least $500." What made this sign particularly intriguing was its use of a competitor's name and logo—let's call the competitor "X."

With these facts in mind, I would like to explore the concept of nominative fair use in trademark law, particularly as it is applied in the Fifth Circuit.

In Trademark Trial and Appeal Board (TTAB) proceedings, the discovery conference is a mandatory step that occurs early in the proceeding. Unfortunately, many participants, including trademark practitioners, view it as a mere procedural formality. They miss out on its strategic potential. This blog post explores how the discovery conference can be a valuable tool for early case assessment and potential settlement.

In a recent precedential decision, the Trademark Trial and Appeal Board (TTAB) addressed an important question: Can state entities claim sovereign immunity to avoid trademark opposition proceedings? The answer, according to the TTAB, is a resounding no.

In a pending opposition proceeding (Opposition No. 91282993), the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB) addressed a question of claim preclusion. The Board issued a precedential decision in the dispute between Hollywood Casinos, LLC and Penn Entertainment, Inc. (collectively the “Opposers”) on the one hand and Zarco Hotels Incorporated (“Zarco” or “Applicant”) on the other. Applicant has applied to register the mark HOLLYWOOD HOTEL.

As a winemaker, your brand identity is important to your success. Protecting your trademarks and growing your brand can help you stand out in a crowded marketplace and build a loyal customer base. With that in mind, it is important to comply with Section 906 of the Trademark Manual of Examining Procedure (TMEP). This blog post discusses what winemakers need to know about TMEP § 906 and how it impacts their trademark rights and obligations.

As a writer, the structure of your text plays an important role in keeping your readers interested and effectively conveying your message. One of the most powerful, yet often overlooked, strategies for enhancing your writing is the use of short paragraphs.

Intent-to-use applications allow wineries and other applicants to reserve trademark rights for future use, providing a valuable tool for brand development and strategy. However, the United States Patent and Trademark Office (USPTO) imposes strict limitations on the assignment of intent-to-use applications, raising important considerations for wineries and other applicants alike.

Prior to the Supreme Court’s decision in USPTO v. Booking.com B.V., . . . , the USPTO all but would have categorically rejected WINE.COM as generic. This blog post discusses the Booking.com decision and how domain names like WINE.COM fare as trademarks.