Foreign-language trademarks can be creative, appealing and exotic, but they can carry risks. The primary risk is the application of the doctrine of foreign equivalents.
The Federal Circuit established the foreign equivalents doctrine in Palm Bay,…
Rothwell Figg attorneys Leo M. Loughlin and Davide F. Schiavetti published an article titled "Litigating at the ITC: Caught in a Grey Zone," in World Trademark Review issue 71, published by Globe Business Media Group – IP…
- Color Marks: How to Prove Acquired Distinctiveness?
This year, one of America’s favorite cereals saw its hopes to register its yellow box as a trademark crushed under the weight of the burden to prove acquired distinctiveness. Qualitex Co. v. Jacobson Prods. Co. is…
- Some Clarity On Surname Trademarks From USPTO
In August, the USPTO issued Examination Guide 3-17, setting forth guidelines that effectively change the policies and procedures that address marks comprised of terms that are “primarily merely a surname” under §2(e)(4) of the Lanham…
- Trademarks Stuck in Limbo: The Genericness Trap
Imagine investing in brand identity and obtaining an incontestable registration for your mark. Imagine then having an identical, but stylized version of your mark refused by the USPTO for genericness in the span of just…
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