Region: North America

A deep dive into the WTR Americas Trademark Prosecution Review 2024 sheds light on the hurdles that IP offices and rights holders are facing when it comes to legislative and administrative changes across the region. 

14 June 2024

Featured in The Trademark Prosecution Review 2025

When engaging with the US trademark system, there are some critical principles that rights holders should note. It is crucial to have a concrete understanding of how to navigate restrictions on registrations, the complexities of non-traditional marks and grounds for opposition – alongside the USPTO’s new trademark search platform. 

14 June 2024

After a legislative overhaul in 2019, trademark practitioners and brand owners have faced challenges with Canada’s new trademark regime. While most have successfully adapted, amendments to the Québec Charter of French Language coming into effect June 2025 and structural shifts at the CIPO could present further hurdles for both rights holders and the courts.

14 June 2024

Featured in The Trademark Prosecution Review 2025

There is a growing trend of USPTO examiners using third-party evidence to take a more expansive view of what goods and services are considered related. Practitioners should consider third-party registrations and adopt a similarly broad outlook when advising clients on likelihood of confusion.

14 June 2024

In a "welcome" decision, the US Supreme Court has ruled that the USPTO’s refusal of the trademark TRUMP TOO SMALL does not violate the First Amendment.

13 June 2024

In our latest round-up, we look at lessons from the Rage Against the Machine TTAB dispute, McDonald’s launching a new metaverse platform, and much more.

11 June 2024

The deadline to complete the inaugural Global IP Benchmarking Survey is tomorrow. And we want to hear from you. Please take a few minutes to share your input. 

10 June 2024

Analysis of trademark litigation data identifies Gucci as the Kering brand most active in the United States, but not in the forums you may expect

07 June 2024

A design and standard character mark infringement dispute has highlighted the validity of a declaration as evidence. While the defendant argued abuse of discretion by the PTAB, the Federal Circuit disagreed and supported a declaration from the director of the opposing company as sufficient for refusal to register. 

06 June 2024

McDonald’s has failed to provide evidence that its BIG MAC mark is used for more than just meat sandwiches, the EU General Court has ruled. The judgment is a “wake-up call” for owners of well-known marks, practitioners say.   

05 June 2024