Fed Circuit Watch: TTAB Fails Genericness Test
In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,...
Category: "trademark"
CannabIP: FDA Approves First Drug with CBD Active Ingredient
On June 25, 2018, the Food & Drug Administration (FDA) issued a press release in which it approved EPIDIOLEX® for treatment of epilepsy, Lennox-Gastaut syndrome, and Dravet syndrome. Lennox-Gastaut...
CannabIP: Why the USPTO Will Not Register Marks for Cannabis-Related Goods or Services
It is perplexing there is still a belief (even among some trademark practitioners) that it is possible to file federal trademark applications at the U.S. Patent and Trademark Office for...
CannabIP: Clarification on California’s Trademark Regime for Cannabis Goods & Services
There have been a few observers, commentators, and practitioners who have been reporting that state trademarks/service marks can be freely registered through the Secretary of State’s office. This is...
How a Government Shutdown Will Affect the USPTO
Many of us patent practitioners like to think we are somewhat immune to politics, but unfortunately that is not always the case. As the threat of a government shutdown looms later today, January 19,...
IP Data Trends & Analysis
The World Intellectual Property Organization (WIPO) releases data and statistics compiled over the world of various intellectual properties each year. These include patent, trademark, industrial...
CannabIP: Trump Administration Rescinds Cole Memo
On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded the so-called Cole Memo limiting federal prosecution of marijuana offenses. The Cole Memo was enacted in 2013 under...
IP Practicum: WIPO Retires ROMARIN for International Trademark Registrations; Madrid Monitor to Replace
On December 19, 2017, the World Intellectual Property Organization (WIPO) published a news release formally retiring the ROMARIN trademark search database, and replacing it with the new Madrid...
CannabIP: California Releases Cannabis-Related Trademark Guidelines
On January 1, 2018, the largest market in the U.S. is set to begin licensing and commercializing adult-use marijuana. California’s adult-use marijuana start date is highly anticipated by many in the...
Fed Circuit Watch: Lanham Act Section 2(a) Scandalousness Clause Deemed Unconstitutional
On December 15, 2017, the United States Court of Appeals for the Federal Circuit handed down its decision in In re Brunetti. In Brunetti, the Federal Circuit panel, consisting of Judges Moore,...
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