Your SlideShare is downloading. ×
July 2011 Trademark Lunch
July 2011 Trademark Lunch
July 2011 Trademark Lunch
July 2011 Trademark Lunch
July 2011 Trademark Lunch
July 2011 Trademark Lunch
July 2011 Trademark Lunch
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

July 2011 Trademark Lunch

1,795

Published on

Topics covered in this month’s Trademark Group presentation include: …

Topics covered in this month’s Trademark Group presentation include:
• US Patent and Trademark Office (USPTO) is now emailing acceptance of 8 & 15 declarations,
• a proposed rule to permit the USPTO to require more than one specimen for declarations of use,
• .XXX domain names,
• a review of the case concerning John Dillinger’s right of publicity,
• a case concerning the MUSCLE MAIZE trademark is descriptive, and
• a case concerning word reversal in trademarks.

Published in: Health & Medicine, Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
1,795
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Prosecution Group Luncheon Trademarks July, 2011
  • 2. Practice Announcements
    • USPTO emailing acceptance of 8 & 15 declarations as of 7/3/11
    • Proposed PTO Rule: to permit the Office to require more than one specimen for declarations of use after registration. Comments are due by September 12, 2011.
  • 3. Handouts
    • Changes to assignment form – CPS
    • Guidance forms for SOU, declarations of use/incontestability, renewal and specimens
    • .XXX Domain Names - Announcement to clients and offer to submit their trademark to be excluded
  • 4. John Dillinger – a deal you could refuse
    • Dillinger, LLC sues Electronic Arts
    • for references to “Dillinger Tommy
    • Gun” in video games based on
    • The Godfather
    • Indiana’s statute does not apply to personalities that died before Indiana ROP statute was passed in 1994 (predicts IN Sup. Ct. interpretation)
      • Creating rights after death would greatly expand potential liability under the statute
      • Assets created after death would frustrate probate law including tax collection and creditors
  • 5. MUSCLE MAIZE is Descriptive of ??
    • Dictionary definitions of "muscle" and "maize," third-party registrations with MUSCLE disclaimed, and website evidence convinced TTAB that MUSCLE MAIZE is merely descriptive of "dietary and nutritional supplements"
      • MUSCLE MAIZE "would immediately describe, without conjecture or speculation, a significant characteristic or feature of such goods, namely, that they are dietary or nutritional supplements that contain maize starch intended to promote muscle growth and recovery ."
    • In re Nutraquest, Inc. , Serial No. 77729645 (July 7, 2011) [not precedential].
  • 6. Word Reversal Not Reversible
    • Application for TEKSTONE opposed by Registrant of STONETEC – both by vinyl flooring (identical goods)
    • TTAB:
      • "the transposition of terms is not always sufficient to distinguish the resulting marks."
      • the transposition does not "add anything which would change the commercial impression fostered by these marks." They are similar in sound and appearance, and "engender the same suggestive connotations inasmuch as they both reference stone technology ."
    • StonCor Group, Inc. v. Metroflor Corporation , Opposition No. 91194599 (June 24, 2011) [not precedential].
  • 7.  

×