Authors: Bharati Bakshani, Sebastian Lovera Riso, Dennis S. Prahl, Matthew D. Asbell | Practices: | Tags: , , ,

What qualifies as acceptable Use in U.S. Commerce?

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”....

Read Article

Authors: Bharati Bakshani, Dennis S. Prahl, Matthew D. Asbell, Sebastian Lovera Riso | Categories: | Tags: , , ,

Allegations of Use in U.S. Trademark Applications Based on Intent to Use

“Intent to use” (“ITU”) trademark applications must be successfully amended to allege use in U.S. Commerce before proceeding to registration. The applicant has six months from the issuance of a Notice of Allowance (“NOA”) or any...

Read Article

Authors: Matthew D. Asbell, John Heinbockel | Practices: | Tags: , , , ,

“So, Your U.S. Trademark Registration is Being Audited”

The USPTO has implemented a program to audit trademark maintenance and renewal filings for the purpose of ensuring that trademark registrations were not being maintained in connection with goods and services for which the marks are no longer in use...

Read Article

Author: Matthew D. Asbell | Co-Author: John Heinbockel | Practices: , , | Tags: , , , , ,

GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC

In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern District of Virginia has overturned a finding by the...

Read Article

Author: Matthew D. Asbell | Co-Author: John Carl (JC) Zwisler | Practices: , , , | Tags: , , , , ,

Technology Evolution in the Media Industry Supported by Pilot Program Allowing U.S. Trademark Registrations to be Updated

Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and advertisements online....

Read Article