CALL US @ 312-789-5676

Yearly Archives: 2021

Home/2021

Trademark Refusals Under the Lanham Act

Likelihood of confusion for purposes of trademark registration the same standard as likelihood of confusion for trademark infringement.  Below is a summary of some of the many factors considered in determining registrability of a trademark under the Lanham Act. Under the Lanham Act, 15 U.S.C.A. § 1052, “No trademark by which the goods of [...]

Trademark Refusals Under the Lanham Act2021-10-06T18:28:33+00:00

Trademark Litigation – Proving Likelihood of Confusion

In trademark litigation, it is the plaintiff’s burden to plead and prove validity of the trademark and infringement by defendant.  For trademark infringement, the test is “likelihood of confusion.”  The likelihood of confusion test for trademark infringement is used in both common-law and also statutory infringement.  What exactly is the likelihood of confusion test?  Simply [...]

Trademark Litigation – Proving Likelihood of Confusion2021-02-22T18:43:26+00:00

The Economic Functions of Trademarks

From an economic standpoint, a trademark is a source identifier that allows consumers to identify goods or services that have been successful (or have a good reputation) and reject goods or services that have failed (or have a bad reputation).  Trademarks promote economic efficiency in the marketplace in at least two ways: (1) trademarks encourage [...]

The Economic Functions of Trademarks2021-02-11T20:12:59+00:00

Exclusive Rights, Imitation and the Public Domain

In our free market economy, public domain (i.e., an invention, creative work, commercial symbol, or any other creation that is not protected by through trademarks, copyrights, or patents) is the general rule and intellectual property is the exception.  Therefore it follows that imitating or copying a successful market concept or trend that is not [...]

Exclusive Rights, Imitation and the Public Domain2021-02-09T16:28:52+00:00

USPTO Trademark Fee Increases – Effective January 2, 2021

The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The changes will allow the USPTO to continue to recover the [...]

USPTO Trademark Fee Increases – Effective January 2, 20212021-01-05T20:13:25+00:00