The Trademark Trial and Appeal Board reversed the Examining Attorney’s refusal to register the mark C SHARPE, finding that the original specimen displaying “C/SHARPE” was a substantially exact representation of the mark, as the slash did not materially alter its
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm that publishes content primarily focused on intellectual property law. Their blog covers topics such as patent application processes, trademark disputes, and developments in patent and trademark law. The firm provides analysis of recent legal decisions, updates on regulatory programs like those from the United States Patent and Trademark Office, and insights into procedural aspects of intellectual property protection. Their publications serve to inform practitioners, applicants, and stakeholders about changes and strategies in patent and trademark law.
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Federal Circuit Confirms that Doll Collector (and Law Professor) Lacks Standing to Challenge Registration of RAPUNZEL for Dolls
In Curtin v. United Trademark Holdings, Inc., No. 2023-2050 (Fed. Cir. May 21, 2025), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) dismissal of Rebecca Curtin’s opposition to United Trademark Holdings, Inc.’s (UTH) registration of the mark…
Two Consequential Rulings Find Fair Use Where Copyrighted Works Were Used to Train LLMs
The week of June 23, 2025 saw a flurry of high-impact decisions concerning copyright and artificial intelligence (AI). Two judges in the U.S. District Court for the Northern District of California issued substantive decisions regarding fair use and generative AI…
Ivy Group Blocks Trademark Registration of IV LEAGUE NURSE CONCIERGE, INC. for IV Therapy Services, Claiming Dilution of the Famous IVY LEAGUE Marks
The Trademark Trial and Appeal Board (TTAB) sustained an opposition by the Ivy Group against the registration of IV LEAGUE NURSE CONCIERGE, INC. on the ground of dilution by blurring, finding that the mark was likely to impair the distinctiveness…
Federal Circuit Upholds TTAB Decision to Refuse “US SPACE FORCE” Registration Based on False Suggestion of Government Affiliation
The Federal Circuit affirmed a Trademark Trial and Appeal Board (“TTAB”) decision refusing to register the mark US SPACE FORCE under § 2(a) of the Lanham Act based on false suggestion of a connection with the United States government.Read
E.D. Va. Confirms Cancellation of General Cigar’s COHIBA Marks under Inter-American Convention
In General Cigar Co. v. Empresa Cubana del Tabaco (Cubatabaco), the U.S. District Court for the Eastern District of Virginia upheld the TTAB’s cancellation of two U.S. trademark registrations for the mark “COHIBA” owned by U.S. company General Cigar. Cuban…
Prosecution Pointer 432
To rescind a non-publication request, the applicant must file a request to rescind a previously filed nonpublication request and file or fax it to the Pre-Grant Publication Division at (703) 305-8568 or mail to:Read more
TTAB Blocks Registration of CUADRA Trademark Due to Lack of Intent to Use in U.S.
Summary:The TTAB sustained an opposition against an application to register the mark CUADRA for alcoholic beverages, finding that the applicant lacked a bona fide intent to use the mark in U.S. commerce at the time of filing its application.Read
Prosecution Pointer 431
In a pending U.S. application, an applicant can reinstate a canceled claim by presenting the text of the canceled claim with any desired changes in a new claim with a new claim number and use the status identifier, (new).Read
Prosecution Pointer 430
When submitting replacement or new drawings in a pending US application, applicant must submit any amendments to drawings as replacement or new drawings accompanied by explanations of the changes in either the drawing amendment section or remarks section of the…