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2(d) Reversal Based On Ten Third-Party Registrations
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First Precedential TTAB Expungement Decision
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“Gruyere” Is Held to be Generic for Cheese, No Longer Protectable in the U.S.
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The Board’s Fifth Precedential Case of 2024
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2(d) Reversal, Identical Marks But The “Something More” Rule Not Satisfied
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CAFC Decision Refuses to Expand Statutory Grounds to Cancel Mark
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Owners Of Common Law Rights Must Prove Priority Via Proof of Distinctiveness
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A Precedential Case Reinforces – Weak Marks Are Narrowly Protected
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TTAB Precedent: Petitioner Fails To Prove Use Analogous To Trademark Use
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TTAB Denies Cancellation Petition – Failure to Prove Fraud and Trademark Abandonment
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Third-Party Use Evidence Causes TTAB To Reverse Two Refusals
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Detailed Consent Agreements Play A Dominant Role In Likelihood Of Confusion Analysis
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Trademarks That Misdescribe The Goods Or Services
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The USPTO Is Implementing The Trademark Modernization Act
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Owners of Supplemental Registrations and Common Law Rights Share Similar Burdens At The TTAB
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Common Law Rights Are An Important Consideration In Trademark Clearance
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2(d) Reversal Due to Mark Differences And Third-Party Uses (Of Overlapping Weak Terms)
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UK Trademark Rights And The Brexit Update
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Marks Can Share Descriptive/Suggestive Terms If The Dominant Terms Indicate Source
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Why You Should Never Delay Registering Your Trademark
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The Impact Of The U.S. Supreme Court’s Decision In BOOKING.COM
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Relying On Foreign Applications and Registrations For U.S. Trademark Applications
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A High Level Of Proof Is Required To Demonstrate Acquired Distinctiveness
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American University Cancels American University Of Kuwait Registration
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Weak And Descriptive Marks Are Entitled To A Narrow Scope of Protection
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TTAB Reverses A 2(d) Refusal On Relatedness Factor
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Trademarks Can Be Cancelled For Nonuse
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U.S. Licensed Attorneys Must Represent Foreign Domiciled Trademark Applicants
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Fame Continues To Be A Dominant Factor In 2(d) Cases
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Partial Cancellation – Section 18 Of The Trademark Act
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The 6th Du Pont Factor Causes TTAB To Reverse A 2(d) Refusal
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How To Overcome A 2(d) Likelihood Of Confusion Refusal
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TTAB Determines Titles Of Single Creative Works Cannot Acquire Distinctiveness
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Why Registration Of A Trademark Is So Critical?
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Can An Acronym Function As A Trademark?
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Geographic Terms In Trademarks Pose Risks Of Refusal
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The Prohibition On Immoral and Scandalous Trademarks Violates First Amendment
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The Board Reverses A Surname Refusal
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Precedential Decision Under Section 2(c) of the Lanham Act
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A TTAB Precedential Decision Finding No Bona Fide Intent
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Advertising Is Not Enough To Qualify As A Display Associated With Goods
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Similarity In Meaning Must Be Weighed Against Dissimilarities In Appearance And Sound
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TTAB Reverses A Refusal To Register Based On Inconsistent Examination
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TTAB Affirms 2(d) Refusal Relying On “Something More” Standard
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Can A Design Feature Be The Dominant Aspect Of A Mark?
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TTAB Determines Allegations Of Abandonment Are Legally Sufficient
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The Snack Industry Has Not Learned From Past Mistakes
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Merely Descriptive Or Suggestive?
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Can A Trademark Applicant Assign An Intent-To-Use Application?
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TTAB Affirms Refusal Based On Mark Being Geographically Descriptive
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A Precedential Board Decision Giving Great Weight To Consent Agreements
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TTAB Finds Electric Bicycles Related To Bicycle Clothing In 2(d) Refusal
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TTAB Precedential Case – Underscoring The Disadvantages Of Weak Marks
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More Support For “The Crowded Field Argument”
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Important Rules Applied In Likelihood Of Confusion Cases
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The TTAB’s Position On A Bona Fide Intent To Use
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A Likelihood Of Confusion Reversal -Failure To Prove Relatedness Of Services
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A Precedential Decision – Is “SERIAL” Generic For Applicant’s Entertainment Services?
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Trademarks And Marijuana Related Goods and Services
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The USPTO’s Efforts To Improve Accuracy Of The Trademark Register
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TTAB Reverses Refusal Due To Dissimilarities And Weakness Of Shared Term
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Beware Of Adopting Legally Identical Trademarks
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TTAB Reverses Likelihood Of Confusion Refusal
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What If The Board Issues A Default Notice or Judgment Against You?
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Whether Or Not To Disclaim A Term In A Trademark
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TTAB’s Precedential Decision That Further Shifts Surname Case Law
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Proving Nonuse Of A Trademark Prior To The Application Filing
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Another Rejected Trademark Consent Agreement
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Claiming Acquired Distinctiveness Based On Use Requires Continuous Use
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A Single DuPont Factor May Be Dispositive In A 2(d) Refusal
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TTAB Finds: Failure To Function As A Trademark And Merely Descriptive
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The TTAB Reverses A Refusal Relying On The Something More Standard
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The Doctrine Of Foreign Equivalents Is Alive And Well
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After CAFC’s Decision In Earnhardt, TTAB Must Take Greater Care In Surname Determinations
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Williams-Sonoma Is Refused Registration Of The Mark MANHATTAN
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Two Significant Court Decisions Impacting USPTO Trademark Practice
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A Reversal By The Board, Did The TTAB Reach The Right Decision?
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Ninth Circuit Held: GOOGLE Not Generic For Internet Search Engines
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Does Trademark PA’DENTRO (liquor) Cause A Likelihood Of Confusion With ADENTRO (wine)?
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Why Supplemental Registrations Are Difficult To Utilize Offensively
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Federal Circuit’s View Of Lack Of Bona Fide Intent To Use
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Did American Eagle Prevail In This Trademark Dispute?
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Should Entire Application Be Voided If A Bona Fide Intent To Use Mark Is Lacking?
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Beware If A Term Becomes A Term Of Art In Your Industry
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Federal Circuit Vacates Board’s Cancellation Of The Mark JOBDIVA
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How Do You Prove Abandonment Of A Trademark?
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Federal Circuit Holds One Sale Satisfies “Use In Commerce” Rule
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Melania Trump’s Trademark Endeavors
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How Much Trademark Public Exposure Is Necessary To Create Public Identification?
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A Recent TTAB Decision Impacting Consent And Coexistence Agreements
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Admissions Against Interest In Board Proceedings
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Common Law Trademark Rights And Use Analogous To Trademark Use
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Can A Laches Defense Justify A Dismissal Of A Petition To Cancel?
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International Trademark Filings And The Most Frequently Asked Question
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Overcoming A Descriptiveness Refusal Under Section 2(e)(1)
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When Is It Appropriate To File A UDRP Complaint?
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Sales Figures And Advertising Dollars Alone Do Not Prove Acquired Distinctiveness
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Was The CAFC Correct In Finding CHURRASCOS Generic For Restaurant Services?
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Did The TTAB Reach The Right Result But With Flawed Reasoning?
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Determining Who Should Legally Own A Trademark
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Is A Twitter Account A Separate, Registrable Service For Trademark Registration?
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TTAB Precedential Decision: JAWS Movie Considered “Famous” Under Likelihood Of Confusion
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Precedential TTAB Holding : Parent And Subsidiary Trademark Use
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Consent Agreements And Their Effectiveness In Overcoming 2(d) Refusals
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Are There Differences Between Deceptive Trademarks And Deceptively Misdescriptive Marks?
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A Rare TTAB Reversal Of A Section 2(d) Refusal
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TTAB Reverses Trademark Refusal And Allows Acronym RBAM To Register
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Mistakes To Avoid If A Descriptiveness Refusal under Section 2(e)(1) is issued
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How To Evaluate Trademarks: Word, Design And Composite Marks
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The Origin Of The “Something More” Standard In Trademark Law
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Relying On Section 44 Of The Trademark Act For A Filing Basis
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Will.i.am. And The I AM Trademark Dispute
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Pinterest Inc.’s Trademark Infringement Claims Fail Against Pintrips Inc.
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The Second Federal Circuit Decision Weighing In On The Crowded Field Theory
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What Is A Certification Trademark?
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The Federal Circuit Sends A Strong Message To The TTAB
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Selecting Merely Descriptive Trademarks Can Be A Risky Branding Strategy
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The Term TIFFANY Is Not Generic For A Ring Setting
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Google’s Busy Summer New Branding And New Holding Company
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TTAB Grants Petition To Cancel Based On Trademark Common Law Rights
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What If a Final Refusal Is Issued in a Trademark Prosecution?
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How To Avoid The Supplemental Register If The Mark Consists Of A Surname
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A Trademark Victory For The Yankees
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The Federal Circuit Vacates And Remands The Board’s Refusal To Register PRETZEL CRISPS
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The Fine Line Between Descriptive Trademarks And Generic Terms
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Precedential Board Decision Refusing To Consider Evidence Of Marketplace Usage
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SMART ONES Brand (Heinz) challenges SMART BALANCE At The TTAB
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Recent TTAB Decision Involving Wine And Likelihood of Confusion
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U.S. Supreme Court’s Decision in B&B Hardware, Inc. v. Hargis Industries, Inc.
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Use In Commerce For Purposes of Priority Under Trademark Law
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Can Third Parties Present Evidence To Examiners To Prevent Trademark Registration?
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Precedential TTAB Decision Finding Identical Marks For Complementary Goods, But No Confusion
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TTAB Determines That ROYAL KATE Unmistakably Identifies Kate Middleton
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The Federal Circuit Expands The Application Of Its “Something More” Standard
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The TTAB’s Recent Decision Clears A Path For Titles Of Single Works
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What’s New In 2015 At The USPTO
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McDonald’s Wins A Likelihood Of Confusion And Dilution Victory
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Anthropologie’s TTAB Victory – Services And Goods Held To Be Related
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No Likelihood Of Confusion Between WALT DISNEY’S CINDERELLA And ZOMBIE CiINDERELLA
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Precedential TTAB Decision Finding Applicant Committed Fraud On The USPTO
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Gwen Stefani’s Trademark Victory
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Will A Consent Agreement Overcome A Likelihood of Confusion Refusal?
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Courts and TTAB Trending Towards Finding Alcoholic And Non-Alcoholic Beverages Related
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Two TTAB Decisions Pertaining To Surnames With Two Different Results
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How To Prevail On A Summary Judgment Motion At The TTAB
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Is The Mark VENEZIA-MILANO Primarily Geographically Deceptively Misdescriptive?
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Evidence Of Third-Party Use and Third-Party Registrations
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TTAB’s Reversal- BENDASTIX Not Confusingly Similar To BENDAROOS And BENDAMODEL
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Can You Use A Surname (Last Name) As A Trademark?
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Chanel, Inc.’s Successful Opposition Based On Dilution By Blurring
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Taylor Swift Sued For Trademark Infringement Involving Her Brand LUCKY 13
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Federal Circuit Affirmed: STONE LION CAPITAL and LION CAPITAL Confusingly Similar
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Two Legally Identical Trademarks Can Register With Geographic Restrictions
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Is There A Likelihood Of Confusion Between The Marks: IKEA And AKEA?
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Is NY A Geographically Misdescriptive Trademark When The Goods Emanate Outside NY?
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TTAB Affirmed Descriptive Refusal Of Swatch’s Mark TOURBILLON And Design
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Can A Slogan Or Advertising Phrase Function As A Trademark?
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TTAB Precedent – How Fame Impacts A Likelihood Of Confusion Determination
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Narrowing Identifications In Your Trademark Application May Bring Favorable Results
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Trademark Prosecution Mistakes Could Expose Your Trademark To Cancellation
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The TTAB agrees with Frito-Lay, Pretzel Crisps Are A Generic Term
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Facebook And IBM Utilize The New Uniform Rapid Suspension System
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Should Facebook Stop Using The Brand Name PAPER?
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King.com Limited Abandons Its Federal Trademark Application For CANDY
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The Controversy Surrounding The CRONUT Trademark Registration
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Has One Of Tiffany and Company’s Trademarks Become Generic?
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Disney Prevails In Its Trademark Lawsuit Involving Its Movie Frozen
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How Do Intent-To-Use Trademark Applicants Document Their Bona Fide Intent?
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What Constitutes Use In Commerce For A Service Mark?
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Fourth Circuit Rules Against Swatch Affirming TTAB’s Decision
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Should Federal Courts Be Bound by TTAB Rulings?
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When Should A Trademark Applicant Appeal To The TTAB From A Refusal?
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New Rules For Examining Trademark Applications For Marks Incorporating Generic Top-Level Domains
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Can A Flavor Or A Scent Receive Federal Trademark Protection?
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TTAB Finds Wine And Water Related Goods Under Likelihood Of Confusion
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Trademark Common Law Rights Can Prevail Based On Priority Against Registered Rights
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Trademark Applicants Have Another Reason To File For Federal Protection
New York Trademark Attorney Blog