In In re IGT, the Trademark Trial and Appeal Board (TTAB) affirmed the Examiner’s refusal to register geometric shapes used in the applicant’s gaming machines.
While the decision does not offer anything new or surprising from a trademark perspective, it is a good example of the challenges in obtaining trademark registrations for geometric shapes, especially if the shapes are used merely as borders for information or as background. » Read More
Sour Patch Kids-maker Mondelëz Canada Inc. (“MCI”) has filed a trademark lawsuit against a THC-infused gummies maker selling under the brand “Stoney Patch.” July 19, 2019, in the U.S. District Court for the Central District of California. Mondelëz Canada Inc. » Read More
The United States Patent and Trademark Office (USPTO) recently issued helpful guidance on the examination of cannabis trademark applications. This guidance is the USPTO’s first pronouncement of how it will evaluate the legal use in commerce requirement for trademark applications covering cannabis goods and services. » Read More
The term of a U.S. patent is typically twenty years. However, the patent term can be altered as a result of certain Patent Office delays (patent term adjustment) and certain regulatory delays (patent term extensions). For the former, the Patent Office will adjust the term on a day‑for‑day basis: one day of delay results in one day of adjustment. » Read More
In In re Jeffrey Butscher, Serial No. 87572095, the Trademark Trial and Appeal Board (TTAB) reversed the Examiner’s refusal to permit the trademark registration of the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through network or cable TV and the internet.” » Read More
Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. This means that drug and biotechnology-based inventions are treated no differently by the U.S. » Read More
Santa’s making a list and checking it twice. With the help of his trademark elves, he’s going to find out whether brand owners have been naughty or nice when it comes to using their trademarks properly. Those on the Nice List get rewarded with the ultimate Christmas present… enforceable trademark rights! » Read More