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Tag Archives: Partial Cancellation Petition

Acceptable Identification of Goods/Services

Posted in Advertising, Articles, Branding, Food, Genericide, Marketing, Trademarks, USPTO

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story. It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the… Continue Reading

The Strategic Use of TTAB Proceedings to Advance Trademark Registration Efforts

Posted in Almost Advice, Articles, Trademarks, TTAB, USPTO

Yesterday we wrote about how petitions for partial cancellation under Section 18 of the Lanham Act can be creative and powerful tools when an applicant is confronted with likelihood of confusion registration refusals under Section 2(d), based on over-broad federal registrations. Today, we’re speaking about this important tool that should be found in any trademark… Continue Reading

Thinking Outside Section 2(d) Refusals

Posted in Articles, Infringement, Loss of Rights, Trademark Bullying, Trademarks, TTAB, USPTO

Section 2(d) of the Trademark Act is the statutory basis for refusing registration based on likelihood of confusion with another mark. It is invoked on an ex parte basis by USPTO Examining Attorneys, and it is also raised in the context of inter partes cases between adversaries. When an applicant seeking to register its mark… Continue Reading

Description of a Trademark with the USPTO

Posted in Articles, Branding, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Continuing our discussion — from yesterday and the day before — about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos for banking services, help tell another related story:                       As the links… Continue Reading