Increased Fees and Other Changes in USPTO Trademark Filings On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025. While the per Class fee for filing a standard electronic trademark application has not changed and is still $350 per Class, the USPTO has eliminated the distinction between TEAS Standard and […] Read Post →
Recent Surge in Chinese “Non-Use” Cancellation Proceedings In the past several years the total number of new trademark filings in China has exploded—with about nine million filings now made per year. An unfortunate consequence of this upsurge in filings is that non-use cancellation actions have become a normal strategy for trademark applicants who have received provisional refusals based on earlier registered marks. […] Read Post →
Expedited Examination for Certain COVID-19 Related Trademarks As a part of the USPTO’s ongoing effort to support innovation of life-saving treatments during the COVID-19 pandemic, the USPTO recently announced a new prioritized trademark examination program for trademark applications covering certain COVID-19 related products and services. The new process will fast track these trademark applications and save two plus months of the standard […] Read Post →
Supreme Court in Romag v. Fossil Finds Willfulness Relevant but Not Required for Trademark Profits On April 23, 2020, the United States Supreme Court issued a landmark ruling in a trademark infringement matter. They answered the long-standing question: When can courts order trademark infringers to disgorge their profits to a trademark owner? Over the years there has a been a long-standing circuit split on the answer to this question with […] Read Post →
Expanded Trademark Rights for Some Hemp-Related Products and Services Following up on the May 10, 2019, MVS Filewrapper post “Big Changes Ahead for Plant Variety Protection (PVP)”, the United States Patent & Trademark Office (USPTO) has also recently issued some guidance on how the 2018 Farm Bill affect trademark applications for cannabis and CBD products. Per the guidelines issued May 2, 2019, the USPTO […] Read Post →
Can Starbucks Stop a Competitor from Using the Term “JEW BUCKS” After In re Slants? In 2014, SwordPen Publishers LLC filed a trademark application for the mark JEW BUCKS SMART MONEY. RICH COFFEE. for use in connection with restaurant services featuring coffee and espresso drinks. At that time the United States Patent and Trademark Office took it upon itself to stop the registration of this mark under the now defunct […] Read Post →
Have You “Got Milk”? When you hear the term “Milk”, what comes to mind? Do you automatically think of cow’s milk (or perhaps sheep or goat milk) or do you have a broader definition in mind that covers almond, soy, cashew and other nuts, soybeans, or other plant sources? In 2013, a class action lawsuit was filed claiming that […] Read Post →
The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting product, while maintaining exclusive ownership rights therein. There are, of course, a variety of intellectual property protection schemes available to maintain those […] Read Post →