Daily Archives: June 15, 2015
B&B Hardware: TTAB decisions to have preclusive effect in trademark litigation (sometimes)
In B&B Hardware Inc. v. Hargis Industries, Inc. (Supreme Court 2015), the Supreme Court held that Trademark Trial and Appeal Board (TTAB) decisions regarding likelihood of confusion have preclusive effect in subsequent district court infringement actions “[s]o long as the … Continue reading
The Concurrent Use of Trademarks in Different Geographic Locations
Generally, trademark owners have exclusive rights to use their mark to label or identify their goods and/or services. However, trademarks may overlap under either of the following circumstances: 1. In different industries; or 2. In different geographical locations. The most … Continue reading
Madrid Protocol Tip: Calculating Office Action Deadlines
Don’t get tripped up when calculating the deadline within which to respond to an Office action issued in connection a Section 66(a) application at the U.S. Patent & Trademark Office. A response to an Office action issued by the USPTO … Continue reading
International Patent Filing & Protection Strategies: Initial Considerations
Public Disclosure- The Novelty Requirement Most countries are “first to file” countries- in other words, you have to file a patent application to establish rights. The U.S. has historically been a “first to invent” system;; but as of March 16, … Continue reading