USPTO Data Visualization Center

Have you ever wondered how long the typical time before a first Office Action in a pending patent or trademark application is?  Or am I the only one waiting for some months after filing an RCE to have my patent application reexamined?  Or what is the average length of time a patent application or trademark […]

“White” Color Mark

In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color “white”as applied to gunpowder in […]

Who owns the Trademark: Distributor v. Manufacturer

The Trademark Trial and Appeal Board (TTAB) has previously held that in the absence of an agreement between a manufacturer and a distributor, there is a legal presumption that the manufacturer is the owner of the trademark. The presumption that the manufacturer is the owner of a disputed mark may be rebutted. In determining which […]

Peace, Love, and Trademarks

Federal Trademark registration allows the owner of a mark to enforce their rights throughout the U.S. Once a trademark registration is filed, however, those rights can be challenged either through litigation or though opposition proceedings instituted at the USPTO. In particular, a registered trademark can be challenged on the basis that it is likely to cause […]

Cancellation of the Washington Pro-Football Team’s Trademark Affirmed by District Court

In 2014, the Trademark Trial and Appeal Board (TTAB) cancelled six trademark registrations related to the Washington “Redskins.”The marks were found to disparage Native Americans; Section 2(a) of the Lanham Act (15 U.S.C. § 1052(a)), prohibits the registration of disparaging marks. Following the cancellation, the mark owner appealed the decision to the District Court for […]

Princeton Vanguard v. Frito-Lay: One Test to Rule All Generic Analysis

Princeton Vanguard v. Frito-Lay: One Test to Rule All Generic Analysis

Cancelation of Trademarks due to First Actual Use After Application

Federal registration of a trademark provides a number of benefits to the trademark owner, including protection throughout the entire country, advantageous litigation position—for example presumption of validity and enhanced monetary damages—and enlistment of the U.S. Customs Service to stop importation of counterfeit goods. The federal trademark system provides two separate avenues for protecting a mark: […]

USPTO Cancels Washington, D.C. NFL Franchise’s Trademark Registrations

The United States Patent and Trademark Office issued a decision yesterday cancelling six federal trademark registrations owned by the Washington, D.C. National Football League franchise. The cancellation proceeding was brought by five Native American petitioners on the basis that the marks disparage persons or bring them into contempt or disrepute in violation of 15 U.S.C. […]

Second Circuit: If you want a court to order the USPTO, ask in your pleadings, not after you win

In a recent decision, the Second Circuit affirmed a district court's decision in a trademark case not to enter an order pursuant to 15 U.S.C. § 1119. § 1119 permits a court to enter an order regarding registrability and cancellation of marks at the USPTO. The prevailing defendant asked the district court to order the […]