Applicant began use of its marks in 2002 and 2005, more than seven years before registrant filed its application to register.

On December 10, 2019 from 12:30 PM to 2:00 PM (Eastern Standard Time), the American Intellectual Property Law Association (AIPLA)...

Challengers in post-grant proceedings like IPR may not reassert invalidity arguments in court that they "raised or reasonably could have raised" before the PTAB.

On September 21, 2023, the Federal Circuit considered an expectation of success argument in the predictable arts as it related to electro-mechanical assemblies.

Chief Judge Gerard F. Rogers has announced the appointment of Marth B. Allard as an Administrative Trademark Judge at the Trademark Trial and Appeal Board.

In my role as trademark thought follower, I recommend this recent note in the Harvard Law Review, by Grace McLaughlin, entitled "Fanciful Failures: Keeping Nonsense Marks off the Trademark Register...

Professor Christine Farley of American University Washington College of Law, in her article, "The Lost Unfair Competition Law," notes the oft-repeated assertion that trademark law "is but a part of the broader law of unfair competition."

Former TTAB Judge Lorelei Ritchie, now an Assistant Professor at Southern Illinois University School of Law, has published an article in the American University Law Review, entitled "What is 'Likely to be...

In addition to Professor Lorelei Ritchie's article, blogged yesterday, the May-June issue of The Trademark Reporter [pdf here] includes an article by Dr. Xiaoren Wang...

Put aside the WYHA?s and the TTABlog Tests. Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: "Trademark Injury in Law and ...

I recommend this article by Raffi Zerounian and Justin Thiele of Hanson Bridgett, LLP, from The Trademark Laywer magazine (Issue 2 2021)...

That is the gist of a recent decision by the court, which permitted an IPR Petitioner to use "general knowledge" to fill in missing claim limitations...

Too often some challenger in IPR declines to use non-patent literature (or "NPL"), such as academic and trade journal articles, because of the effort and risk associated with establishing that the NPL is prior art.

On appeal of a PTAB decision that all claims in a patent on compressing video files were unpatentable, the Federal Circuit clarified two issues...

The Trademark Reporter has published its latest Annual Review of U.S. Trademark Cases: "The Seventy-Fourth Year of Administration of the Lanham Act of 1946,"...

The Trademark Trial and Appeal Board has scheduled one final hearing for the month of April 2020. For obvious reasons, the hearing will be held by video conference.

The USPTO is seeking applications for the position of Attorney Advisor (and more specifically, Interlocutory Attorney) at the TTAB.

AAN Holding, LLC. applied to register the mark GOAT GREATEST OF ALL TIME for vodka, but the USPTO refused registration on the ground of Section 2(e)(1) mere descriptiveness.

The Board has reached back and deemed precedential its May 3, 2019 decision granting Coca-Cola's Rule 2.133...

Judicial estoppel is an equitable doctrine that precludes a party from taking a position in one proceeding that is inconsistent with a position the party took in a previous proceeding.