Intellectual Property Blog

Supreme Court Rules Brunetti Has Right to Register Scandalous Trademark

We have been following the story of the trademark application for FUCT that was originally filed with the USPTO in May 2011, in Class 25 for clothing, all the way to the US Supreme Court.  Erik Brunetti, the owner of the trademark FUCT, challenged the constitutionality of the scandalous clause in the Lanham Act which was used by the USPTO to deny the registration of his trademark.  On June 24, the Supreme Court finally made […]

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Foreign Trademark Applicants and Registrants Now Required to Have US-Licensed Attorneys

On July 2, the United States Patent and Trademark Office (USPTO) announced a new rule for applicants, registrants, and parties who live outside the country. They must be represented by a US-licensed attorney for filing applications and all activity with the USPTO and Trademark Trial and Appeal Board (TTAB) proceedings starting August 3, 2019.  This rule was created in an effort to reduce inaccurate and fraudulent trademark filings by foreign parties. In a USPTO press […]

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Tips for Business Owners: What to Do After Discovering Infringement of Your IP – Part 1: Evaluation

Your business’s intellectual property is a valuable asset that is vital to protect. This means actively monitoring for its unauthorized use. If you discover possible infringement, you may wonder what you should do next. Although exact plans of action will vary slightly based on the particular circumstances, there are three consistent steps to the process: evaluation, consultation and, finally, taking legal action. Evaluation To determine if infringement occurred, you must first determine if your material […]

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Scandalous Trademarks: The Government Strikes Back

Back in March of this year, I wrote about Erik Brunetti successfully arguing to the US Court of Appeals for the Federal Circuit that he should be approved to register the mark “Fuct” for clothing items, in part because the provision under the Lanham Act preventing him from doing so was unconstitutional. In the Federal Circuit court’s written opinion, they agreed that the provision on immoral and scandalous marks did, in fact, violate free speech […]

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Tips for Business Owners: Carefully Select and Protect Trademarks

A trademark identifies a product’s source. It helps customers differentiate your business from competitors. If you develop a good reputation, customers know they can trust products bearing your trademark. Service marks are close cousins to trademarks and serve a similar purpose. They just identify the source of services, instead of goods. But not all logos or business names qualify for registration with the United States Patent and Trademark Office (USPTO) and the accompanying protections. Consider […]

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Tips for Business Owners: 3 Must-Do’s When Creating Your Logo

A recognizable logo allows you to advertise your business anywhere – on your storefront sign, website, business cards, employee ID cards, in-store signage, product packaging, print ads, social media accounts, and so many more places. It is a crucial part of branding, so businesses should take the time to ensure it is done right. But before you commit to any concept for your logo, work with an intellectual property lawyer to do a trademark search. […]

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