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Tag Archives: Section 2(d) of the Lanham Act

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

(Just) the Right to Register a Trademark

Posted in Articles, Branding, Civil Procedure, Infringement, Law Suits, SoapBox, Trademarks, TTAB, USPTO

Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m sounding the alarm. If the U.S. Supreme Court decides to follow the advice it recently sought and received from the U.S. Solicitor General (SG) of the Department of Justice, those of… Continue Reading

Google’s Latest Trademark Bugaboo?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, Search Engines, Sight, Trademarks, USPTO

Fame tends to attract attention, and imitation, especially unwanted imitation from, well, even pests. The Google trademark appears to have obtained such a high degree of fame that no third party can include the word “Google” in its mark without having a problem, regardless of what the third party happens to be selling. Ron, can you say, right in gross?… Continue Reading

Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?

Posted in Branding, Food, Infringement, Trademark Bullying, Trademarks

The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? To get to the other side of the… Continue Reading

Redefining a Trademark Bully?

Posted in Almost Advice, Articles, False Advertising, Mixed Bag of Nuts, SoapBox, Trademark Bullying, Trademarks

We’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: “The Mark of a Real Trademark Bully.” Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find… Continue Reading

Brilliant Trademark Advice or Baloney?

Posted in Almost Advice, Genericide, Marketing, Trademark Bullying, Trademarks

A few bits of trademark advice recently passed across my screen from The Marketing Blog: Turning Entrepreneurs Into Marketers — advice that I believe deserves some friendly comment and critique, leaving you to decide whether any of it rises to the level of brilliant trademark advice or sinks to the level of trademark baloney: “Trademark as you go. Don’t wait… Continue Reading