Trademark Law | Blog for Business Law

— By Don V. KellyJune 25, 20190 Comments

GREEN LIGHT FOR POTTY-MOUTH BRANDING!

SUPREME COURT RULES LAW PROHIBITING REGISTRATION OF IMMORAL OR SCANDALOUS TRADEMARKS IS UNCONSTITUTIONAL Only two years ago, in the case of In re Tam, the Supreme Court unanimously ruled that the federal law (the Lanham Act) that prohibited registration of “disparaging” marks violated the First…

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— By Don V. KellyMay 7, 20190 Comments

The United States Patent & Trademark Office Issues Guide for Applications to Register Cannabis-Related Marks

On May 2, 2019 the United States Patent & Trademark Office (USPTO) issued new guidelines for businesses seeking to obtain registrations for cannabis-related marks. Any company that is in – or wants to be in – the CBD, hemp or medical marijuana business and is…

— By Don V. KellyJanuary 29, 20190 Comments

Potty-Mouthed Trademarks — Supreme Court to Decide if Federal Prohibition Against Registering Them is Constitutional

It has not been two years since the Supreme Court issued its opinion in the case of Matal v. Tam – a case touching upon an issue near and dear to all of us – free speech. That case involved the situation in which, Simon…

— By Don V. KellyJanuary 22, 20190 Comments

The Ongoing Ambiguity Over Which Inventions Are Patentable And Which Are Not – The Patent Office’s New Guidelines

On January 7, 2019, the United States Patent and Trademark Office issued new 2019 guidelines on how it will go about determining whether an invention is one which the law allows to be patented. If you have been following the news on this topic then…

— By Joseph RolnickiDecember 19, 20180 Comments

UNITED STATES PATENT AND TRADEMARK OFFICE ADOPTS FEDERAL COURT CLAIM CONSTRUCTION STANDARD IN PROCEEDINGS AT THE PATENT TRIAL AND APPEAL BOARD

On October 10, 2018, the United States Patent and Trademark Office (USPTO) published a Final Rule in the Federal Register, changing the patent claim construction standard used by the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR), post-grant review (PGR), and covered…

— By Alex HurstNovember 15, 20180 Comments

A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet

What’s in a name? Quite a lot, actually. Most entrepreneurs are aware that their businesses’ trade name has value as a trademark or service mark and that using someone else’s name could expose them to liability for infringement, but that’s only part of the story. …

— By Don V. KellyJune 21, 20170 Comments

NO SAFE SPACE FROM OFFENSIVE TRADEMARKS! SUPREME COURT RULES LAW PROHIBITING REGISTRATION OF DISPARAGING TRADEMARKS IS UNCONSTITUTIONAL

Last fall I wrote a post about the pending case, Matal v. Tam, before the United States Supreme Court that had implications for everyone. The blog dealt with a section of the federal trademark statute, 15 U.S.C. § 1052(a), which authorizes the United States Patent…

— By James W. GallenJanuary 4, 20170 Comments

NHL Expansion Gives Us A Look Into The Trademark Process

In a previous post in this blog, I wrote about some potential trademark issues that business owners may face while their businesses are in the early stages. When I wrote that article, I was primarily thinking of startup business owners who have an interest in avoiding expensive trademark litigation…

— By Don V. KellyOctober 19, 20160 Comments

Someone, Please Tell Me What is an Offensive Trademark!

SUPREME COURT TO DECIDE CONSTITUTIONALITY OF RESTRICTIONS ON REGISTERING DISPARAGING TRADEMARKS In this country, rights to a trademark or service mark can be greatly enhanced by obtaining a registration for the mark from the United States Patent & Trademark Office (the “PTO”). To get such…

— By Don V. KellyAugust 9, 20160 Comments

Schlafly Brewery Shows How to Make a Sour Blonde: Wins Trademark Dispute Against Phyllis Schlafly

It is not often that craft beer lovers and ordinary St. Louisans will take interest in a trademark dispute. However, one such case caught the attention of both demographics. In this regard, long-standing conservative activist, Phyllis Schlafly, and her son, Dr. Bruce S. Schlafly, filed…