Traditionally, designs for articles of fashion, including sneakers, have not had much intellectual property (IP) protection available. However, today these articles can be eligible for protection under copyright, trademark and patent law. Whether you’re a designer or reseller of fashion goods, you need to know the types of protection (and common defenses) available. Copyright Protection…
Basics of Starting & Prosecuting Trademark Cancellation Cases What is a trademark cancellation case? A trademark cancellation case is an administrative proceeding, similar to a civil federal lawsuit, before the Trademark Trial & Appeal Board (TTAB) in which one party requests that a registered trademark be cancelled. (source) Why would a trademark be canceled? A…
“Fair Use” is the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. The first type of fair use is known as “classic” or “descriptive” fair use. This is where the trademark…
RJ Cherpak from the trademark department at Rosenbaum Famularo, PC, explains USPTO merely descriptive marks in these informational videos. Trademark Applications: USPTO marks that are considered merely descriptive. Your trademark application might get rejected for a number of reasons. Near the top of the list of possible rejections is mere descriptiveness. “Merely descriptive” marks do…
Descriptive Trademarks New private label brands seeking a trademark from the United States Patent and Trademark Office (“USPTO”) need to know what “descriptive language” refers to when it comes to private label trademark applications. Private label brand owners need to know how to avoid trademark application rejections for “descriptive” marks. In sum, “descriptive,” as it…
