Sometimes blogging topics are hard to come by. It is often difficult because, as a sage once noted in discussing the search for The Ultimate Computer, one wants to do one’s best, but something like creativity “doesn’t work on an assembly line basis. … You can’t simply say, today I will be brilliant,” insightful, informative or even mildly amusing. But other times topics materialize right before your eyes, as if dropped on your desk by fate or chance, and then they seemingly write themselves, without either assembly lines or much hard work.
ILN IP Insider
Suppose that you want to register a trademark that identifies a source of goods or services for your business. You file a federal trademark application with the U.S. Patent and Trademark Office. Subsequently, you receive an Office Action from the U.S. Patent and Trademark Office that initially refuses registration of your mark based on a likelihood of confusion with a similar trademark? Can you overcome the refusal to obtain a registration from the U.S. Patent and Trademark Office? The answer is often YES!
The search for spices, and the gold that one expected to find nearby (or earn through sale of the spices), in many ways drove the Age of Exploration. And spices still hold a special place in our economy and in our imagination; in fact, we believe that spices “all hold magic.” Part of that magic is that spices give “[e]ach day … a color, a smell,” as we are told by The Mistress of Spices herself. Well, color and smell (or the more delicate scent) are now adding spice to trademark law around the world as businesses explore new ways to differentiate their goods and services from those of their competitors. Getting trademark protection for color and scent may depend where you seek such protections, as the rules vary from country to country.
On September 27, 2017, the Moscow Region Commercial Court published a significant decision in a patent dispute between Novartis AG, Swiss originator, and Nativa LLC, Russian generic producer (case No. A41-85807/2016).
Suppose that you want to federally register a trademark that identifies a source of goods or services related to your cannabis business. What if the trademark covers merchandise indirectly related to cannabis or products directly related to the use of cannabis? Should you attempt to register your trademark with the U.S. Patent and Trademark Office? Can you obtain a registration from the U.S. Patent and Trademark Office? The answer is it depends on the cannabis related goods and services.
Will It Be Known As “Michelin Star Athletica”?: Why The US Supreme Court May Have Given American Chefs A Reason To Cheer
Recent years have witnessed a surge in the United States in the appreciation for fine food and those who create it. Indeed, the concept of the “celebrity chef” has taken such hold in the United States that there are entire television networks and countless magazines (on-line and in print) to cooking, recipes, chefs and the like, not to mention a wide variety of restaurants at all price points trading on the name and reputation of such chefs. Indeed, in much the same way that sports fans snap pictures of star athletes or look for Top Ten highlights, diners now post from well-known (or even not so well known) eateries on-line reviews and uploaded photographs of each course served to memorialize their memorable food encounters; would-be diners and others take it all in as they try to decide what and where to eat.
When the U.S. Patent and Trademark Office (“PTO”) rejects a patent application, the applicant has two options for judicial review. It can either appeal directly to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. §141, or file a new (“de novo”) civil action against the Director of the PTO in the U.S. District Court for the Eastern District of Virginia under §145. Unlike an appeal, a de novo proceeding entitles a rejected applicant to some procedural advantages, such as the ability to conduct discovery and to introduce new evidence, rather than relying solely on the record made before the PTO in prosecuting the patent application.