Important Changes to Canadian Trademark Law – Effective June 2019

Significant changes to Canadian trademark law will come into effect on June 17, 2019.  These changes will impact businesses and individuals who own Canadian trademark registrations and pending applications, and who are considering new applications in Canada between now and then. Beginning on June 17, 2019, trademark applicants and registrants will have to classify their goods/services according to … Read more

Gynocologists Not Confusing With Rap Artists

In a May 3, 2018 decision, the Trademark Trial and Appeal Board found that gynolocologists are not confusingly similar to rap artists. Draion Burch is a Pennsylvania doctor who goes by the nickname Dr. Drai. He provides obstetrics and gynecology medical services and speaking services, and filed two U.S. trademark applications to register DR. DRAI and DOCTOR DRAI … Read more

.app Top Level Domain Open for Registration

Top level domains were originally limited to .com, .net, .org and a few others.  In recent years, ICANN has authorized hundreds of new top level domains.  In some cases, these prove useful for businesses and brand owners, especially since .com has become so congested.  In large part, though, new gTLDs create problems for brand owners, since they create … Read more

Beware of Misleading Requests for Payment of Trademark Fees

After filing an application to register a trademark, you may receive an official-looking document, either by snail mail or e-mail, that calls for the payment of fees.  If this document does not come from the United States Trademark Office or your attorney, beware: it is likely a solicitation from an unscrupulous business looking for a … Read more

Who Knew Fighting Genericide Could Be Such Fun?

It’s hard to believe, but a video made by the legal team at Velcro has gone viral – amassing nearly 300,000 views in less than two days.  That means nearly 300,000 people now know about genericide, which is what happens when a brand loses its ability to function as a trademark. ASPIRIN, ESCALATOR, FLIP PHONE, LAUNDROMAT, ZIPPER … Read more

Alert: Website Owners Required to Take Action to Benefit From DMCA Safe Harbor

The Digital Millennium Copyright Act (DMCA) Safe Harbor shields certain service providers from liability for copyright infringement committed by third-party users of their services.  For example, social media and newspaper sites are generally not liable for copyright infringement by their millions of users. The DMCA notice-and-takedown system allows copyright holders to send notices to service … Read more

Alert: New Trademark Trial and Appeal Board Rules Coming January 14, 2017

In October, the Trademark Office issued amendments to the rules of practice before the Trademark Trial and Appeal Board (TTAB).  The TTAB oversees, among other things, trademark opposition and cancellation proceedings. The new rules, set forth in a Notice of Final Rulemaking, are intended to provide for more efficiency and clarity, move the TTAB toward a … Read more

TRUMPMARKS: The Latest Trend in Trademarks

The Trademark Office database is more than a helpful record of brands and businesses.  It is also a real-time reflection of cultural and political waves sweeping through America, since would-be entrepreneurs routinely apply to register trademarks in an effort to cash in on fads, memes, jokes, and current events. Donald Trump has dominated the news … Read more