Posts Tagged ‘trademark’

How to file a Petition To Cancel Trademark before TTAB?

Thursday, September 26th, 2013

trademark TTABQuestion: How do I cancel someone else’s registered trademark?

Answer: You can file a petition to cancel before the Trademark Trial & Appeal Board.

Trademark Trial and Appeal Board (TTAB) – United States Patent …   www.uspto.gov/trademarks/process/appeal/

 A petition to cancel essentially an arbitration proceeding. TTAB has jurisdiction and authority. Service the federal court. You can either litigate the validity of a registered trademark before the trademark trial and appeal Board or in a federal court with jurisdiction. An experienced  trademark attorney can help you decide which forum is best for your specific trademark issue.

Aug 12, 2013 – Trademark Trial and Appeal Board:  The grounds for cancellation are as follows:

- Immoral or scandalous matter. Trademark Act section 2(a)
- Deceptiveness. Trademark Act section 2(a)
- False suggestion of a connection. Trademark Act section 2(a)
- Geographic indication which, if used on or in connection with wine or spirits, identifies a place other than the origin of the goods. Uruguay Round Agreements Act section 2(9)
- Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof. Trademark Act section 2(b)
- Consists of or comprises a name, portrait, or signature of a living individual without written consent, or the name, portrait, or signature of a deceased president without the written consent of the surviving spouse. Trademark Act section 2(c)
- The mark comprises matter that, as a whole, is functional. Trademark Act section 2(e)(5)
- Fraud. Torres v. Cantine Torresella S.r.l. 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
- Genericness. Trademark Act section 23
- Abandonment. Trademark Act section 14
- Violates the provisions of Trademark Act § 4. Trademark Act § 4 (collective and certification marks)
- The registration is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used.. Trademark Act section 14
- Priority and likelihood of confusion. Trademark Act section 2(d)
- The mark is merely descriptive. Trademark Act section 2(e)(1)
- The mark is deceptively misdescriptive. Trademark Act section 2(e)(1)
- The mark is primarily geographically descriptive. Trademark Act section 2(e)(2)
- The mark is primarily geographically deceptively misdescriptive. Trademark Act section 2(e)(3)
- The mark is primarily merely a surname. Trademark Act section 2(e)(4)
- Dilution. Trademark Act section 43(c)

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How to Register a Name as a Trademark

Monday, June 25th, 2012

If you want to protect your name as a trademark, there a numerous steps that you need to go through. It is not as simple as simply filling out a form. If you do anything incorrectly on your trademark registration application, your trademark, even if it gets registered, because it’s of course based on the information that you and your trademark attorneys provide, could be invalid. So you could have spent all that time and money for nothing, because somebody challenges your trademark down the line and it turns out you provided some misinformation, either intentionally or innocently. Boom, your trademark is invalid.

Continue reading How to Register a Name as a Trademark »

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Intellectual Property: Trademark Rights

Thursday, March 22nd, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

My name is Enrico Schaefer and I specialize in trademark and intellectual property issues.  Today, we’re going to be talking a bit about intellectual property and trademark rights.  Some of the questions we receive from clients and prospective clients all the time are, “what is the difference between the various types of intellectual property?”  “Is a trademark intellectual property?” “What is the difference between a trademark and a copyright?”  “What is the difference between a patent and a trademark?” “What is the difference between a patent and a copyright?”  Today, we’re going to have a little bit of an intellectual property primer and we’re going to talk a little bit about the differences between various forms of intellectual property and, in fact, what is intellectual property.  Today, we’re going to be dealing with a very broad topic of IP. Continue reading Intellectual Property: Trademark Rights »

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What is the Difference between a Trademark, Copyright and Patent?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Hello everyone. And welcome to the Trademark Information Network. I’m Mark Trademan, alongside Sandhya Mahajan, our investigative reporter, and Grant Gainsworth, our Senior News Analyst.

Here at the network, we are dedicated to bringing you the most up-to-date information that will help you apply to register your trademark and, if successful, keep that registration alive. Hope you’ll stay with us throughout the news cycle. Continue reading What is the Difference between a Trademark, Copyright and Patent? »

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