Organisation: USPTO

United States: Best practices for filing and prosecuting trademarks before the USPTO

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

Specialist Chapter: Recent USPTO decisions shift understanding of related goods and services in the United States

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

TRUMP TOO SMALL refusal did not violate free speech, Supreme Court rules

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

Trademark professionals unflappable in the face of global upheaval

Despite the challenges presented by huge international events, potential political turbulence and contentious changes at one IP office in particular, practitioners from this year’s Global Leaders are confident that the trademark world will remain strong in the face of difficulty.

03 June 2024

USPTO proposed fee changes: WIPO believes rule update will "violate" Madrid Protocol

The comment window for the USPTO’s proposed adjustment of trademark fees closed on 29 May, with some scathing in their assessment of the proposed rule changes.

31 May 2024

Trademark activity drops across all but one major register, Clarivate report shows

Trademark filings fell across five of six major registers in 2023, a new report by Clarivate reveals, but the results are more positive than they seem. 

30 May 2024

“40 years of predictability has been discarded”: Federal Circuit applies new flexibility to design patent obviousness 

The decision to apply a new, flexible standard to design patent obviousness could open design patents to more validity challenges, result in inconsistent rulings and benefit counterfeiters and aftermarket companies, attorneys warn.

29 May 2024

How to protect your clients from new scams targeting US trademark applicants

The significant increase in fraud against rights holders is a key cause of concern for clients in the United States. WTR Global Leaders reveal how they stay a step ahead while others call for change at the USPTO.

28 May 2024

District court erred in granting preliminary injunction, Second Circuit rules

In an infringement spat between the Fire Department of New York and a first responder, the Second Circuit overturned a district court decision to grant a preliminary injunction. The ruling highlights the importance of the differences between descriptiveness and secondary meaning under the Lanham Act. 

23 May 2024

IP Office Innovation Ranking 2024

Featured in IP office Innovation

WTR reveals the world’s most advanced IP offices for digital and non-core activities in the sixth edition of our exclusive ranking.

16 May 2024

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