Monthly Archives: June 2014

Military trademarks are a No-No

The U.S. military has a strong trademark portfolio.  A few of the trademarks owned by the Marines, Army, and Navy include: OOHRAH! A FEW GOOD MEN SEAL BLUE ANGELS STARTING STRONG TACTICAL BREATHER HEAD FOR THE FUTURE BE A FORCE … Continue reading

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Changes in Canadian Trademark Law that may affect your brand protection

Currently, Canada is a use-based system where trademarks have to be used in Canadian commerce to be registered (or used and registered in another treaty country like the U.S.). Proposed Canadian legislation, the Economic Action Plan Act of 2014, eliminates … Continue reading

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Open for business: the PTO offers a fast and low-cost shot at invalidating business method patents

A new procedure called the Covered Business Method Review (CBM) was created by the America Invents Act, and it allows companies to challenge issued business method patents in the Patent Office.  Claims must relate to a “financial product or service” … Continue reading

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Trademark squatters beware: ITU trademark applications generally can’t be assigned

Section 10 (a) (1) of the Lanham Act, also referred to as the anti-assignment provision of the Trademark Act, prohibits assignments of ITU applications prior to the filing of a statement of use (SOU) or amendment to allege use (AAU), … Continue reading

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Component part images in logos raise serious issues

Images of component parts of a product are often incorporated into logos. From a trademark perspective, this can raise some problematic issues. In some cases, the Trademark Office has rejected logo marks (“stylized” marks) on the ground of the mark … Continue reading

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Asshole! You can’t register that trademark (but you can be a federally protected ass)

A novelty gift “Asshole Repellent” (spray top can) tried to federally register its product name. Not surprisingly, the TTAB’s May 30, 2014 decision concluded the word “asshole” was scandalous and not eligible for federal protection. Although the word has lost … Continue reading

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Proposed Fee Reduction for Trademarks

US Trademark Office proposed to reduce trademark application filing and renewal fees for trademark owners who use electronic filings and receive only email correspondence from the Trademark Office.  The fee reduction is aimed at incentivizing applicants to use all electronic … Continue reading

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Case Study- PepsiCo and CanDew

PepsiCo Inc. owns trademarks for Dew® and Mountain Dew® for its famous soft drink.  Soft drinks fall in international class 32:   Word Mark MOUNTAIN DEW Goods and Services IC 032. US 045 046 048. G & S: SOFT DRINKS. … Continue reading

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