"Members of the Asian-American rock band The Slants have the right to call themselves by a disparaging name, the Supreme Court says, in a ruling that could have broad impact on how the First Amendment is applied in other trademark cases.
The Slants' frontman, Simon Tam, filed a lawsuit after the U.S. Patent and Trademark Office kept the band from registering its name and rejected its appeal, citing the Lanham Act, which prohibits any trademark that could "disparage ... or bring ... into contemp[t] or disrepute" any "persons, living or dead," as the court states.
After a federal court agreed with Tam and his band, the Patent and Trademark Office sued to avoid being compelled to register its name as a trademark. On Monday, the Supreme Court sided with The Slants." - NPR
Describing the goods and services associated with a trademark is a crucial step in submitting a complete trademark application. The United States Patent and Trademark Office (USPTO) will use the description provided in an application to determine if a trademark meets the minimum requirements for registration.
There are few industries where trademark protection is more important than the fashion industry. Textiles are one of the most frequently counterfeited products in the world. A properly registered and displayed trademark can easily signify the difference between a low-cost shirt and a high-end luxury garment.
Hip Hop super group RUN-DMC sues Walmart, Amazon, Jet, and others alleging the unauthorized used of the RUN-DMC brand. We break down the lawsuit and give our assessment of how we think it will play out. It's [Not] as tricky as you'd think.
Acceptable specimens differ depending on the type of goods associated with a particular mark. For example the specimen that you provide for consulting services would not be the same specimen provided for a provider of clothing and leather goods.
An office action is correspondence from an examining attorney used to notify a trademark applicant that there is an issue with his or her trademark application. Issues raised in an office action should always be taken seriously and addressed promptly to avoid abandoning a trademark application
Trademark applications have a life span that can be prematurely cut short. Fortunately, if your application meets an untimely demise, there are ways to bring your application back from the dead, or "revive" it, so that you can continue to move your trade or service mark closer to registration.