At the end of last month, the United States Patent and Trademark Office (“USPTO”) released a guide clarifying how they were approaching the refusals of applied-for marks that could be generic. In the past, examining attorneys at the USPTO used
Intellectual Property Law
The Intellectual Property Law blog published by Cole Schotz P.C. covers a range of topics related to trademark and patent law, including trademark application strategies, USPTO examination standards, and recent legal developments affecting intellectual property rights. The blog discusses practical issues such as the protectability of trademarks, enforcement considerations, and the impact of consumer perception on trademark registration. It also addresses specialized programs like the USPTO's COVID-19 Prioritized Examination Pilot Program for patents. The content reflects ongoing changes in intellectual property law and provides guidance on navigating trademark and patent processes effectively.
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Latest from Intellectual Property Law
When to File a Trademark Application
One of the questions we hear the most from current and prospective clients is whether they should be filing a federal trademark application to protect a certain trademark. This question is often followed up with the question of which trademarks…
Booking.trademark!
On Monday the Supreme Court issued a highly anticipated decision in United States Patent and Trademark Office v. Booking.com, ruling that a term is generic for a class of goods or services only if the term has that meaning…
COVID-19 Prioritized Examination Pilot Program
Small business efforts to patent technology which deals with the COVID-19 outbreak will be getting a boost thanks to the United States Patent and Trademark Office (USPTO). Effective May 14, 2020, the USPTO has opened an express lane for certain…
United States Patent and Trademark Office – COVID-19 Update
Firstly, we hope that everyone is staying safe and handling the present circumstances as well as possible. The United States Patent and Trademark Office (USPTO) has taken steps to accommodate intellectual property owners affected by the coronavirus by extending certain…
A New Age of Digital Piracy
On Monday the United States Supreme Court addressed a case of piracy about pirates. In a unanimous decision in Allen v. Cooper, the Supreme Court ruled that states have sovereign immunity against copyright infringement claims, based on both Court…
Business Owners: Are You Streaming Music?
The digital age has not only transformed the manner in which individuals listen to music, but also the ease by which businesses can stream music into their public spaces. However, the convenience of digital media players and music streaming providers…
What day is it?!
If you ever forget what day it is, all you need to do is check out the Instagram account of Lebron James, and he can tell whether it’s “Taco Tuesday!!” On August 15, 2019, James took things a step further…
New USPTO rule requires U.S.- licensed attorneys
Beginning August 3, 2019, all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board (TTAB) proceedings must be represented by an attorney who is licensed to practice in the United States, according to the final rule recently issued by…
Peloton Strikes Back at Music Publishers
In March, news broke that stationary bike maker Peloton Interactive had been slapped with a copyright infringement lawsuit seeking more than $150 million in damages (Downtown Music Publishing LLC, et al. v. Peloton Interactive, Inc., Case No. 1:19-cv-02426 (S.D.N.Y.). The…