By Nicholas Wells The cost to register a federal trademark in the United States normally … Read More
THE RIGHT TO THEIR OWN IDEAS
By: Camille Albrecht In the heart of every child is an inventor; with the naive need to save the world from the irritations of everyday life. Elaborate plans for automatic homework machines, anti-drip ice cream eating apparatuses, and self-cleaning bedrooms, all come to mind when thinking about inventions a child might create that could change the […]
CULTURAL APPROPRIATION AND TRADEMARKS: DISNEY’S HAKUNA MATATA
Cultural appropriation—the unacknowledged and inappropriate adoption of the customs, practices, ideas, etc. of one society by members of another, more dominant, society—is not a new concern facing trademark-seekers. As a trademark is meant to convey values to the consumer, marginalized groups have always taken issue with the use of their own cultural values, ethos, and […]
Proposed USPTO Rule: All Foreign Trademark Owner Must Use a US Lawyer
Apparently in response to a growing number of problems with foreign trademark owners who are ignorant of (or who are ignoring) the details of the US trademark laws, the U.S. Patent and Trademark Office (USPTO) has issued a proposed rule that would require all trademarks owned by those located outside the United States to be […]
Chinese Trademark Protection: More Important than Ever
New lower trademark fees in China mean you need to protect your trademark, or someone else will Protection of intellectual property in China is problematic. Trademark and domain name squatters may grab your brand. Online copyright infringement is rampant. Enforcement is challenging. But the truth is that the Chinese market is too important to ignore. […]
Canadian Trademarks to Include Classifications
I’ve written before about the massive changes coming to the Canadian trade-mark system. These changes include the use of the Nice classification system (which virtually all other countries use); joining the Madrid Protocol to facilitate registration of trade-marks from owners outside of Canada; and changing the requirements that a declaration of use be filed in […]
Canadian Trademark Laws Undergoing Massive Changes
Canada is in the midst of a massive update to its trademark laws. Here are three key changes: Canada is starting to use the Nice Classification system for goods and services. Currently, a Canadian trademark application lists all wares (goods) and services in a single, sometimes lengthy listing. Soon these will be divided into “classes”, as happens […]
Oops. India trashes 166,000 trademark applications
Earlier this month, the Indian Trademark Office abandoned (marked as “dead”) 166,771 pending trademark applications. More recently, they have issued notices that allow applicants to have their trademark applications reinstated if they act quickly. But the whole thing has raised a lot of concerns. And eyebrows. Under Indian law, the Indian Trademark Office will issue […]
TriVita Loses on NOPALEA Trademark
My colleague, patent attorney Ken Horton, has written a guest post and offered to share it on my blog. Ken writes: The Court of Appeals for the Federal Circuit (CAFC) recently issued a trademark ruling relevant to many Utah companies that sell nutritional supplements. In re TriVita, Inc., 2014-1383 (Fed. Cir. 2015). In this decision, the […]
Weird and Unexpected Trademarks
In the weird and wonderful world of trademarks, lawyers are used too receiving odd requests for trademarks applications and advice. But occasionally the more experienced law firms—places like Kirton McConkie in Salt Lake City and Baron Warren Redfern in London, both of which deal with trademark prosecution and trademark infringements—receive requests to assist with truly […]
Replacing ICANN: A Radical Proposal
It’s finally happening. The generic top level domains (gTLDs) are here. You can reserve your domain name under .company, or .shopping, or .london, or .food, or .university, or dozens of others, each managed by a private entity that has jumped through the necessary hoops and paid the ($100K+) fees. If you’ve been following this saga […]
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