Feb 22 | 2019

McDonald’s Wins Battle, Loses War

The European Union Intellectual Property Office (“EUTM”) recently cancelled McDonald’s trademark registration for the BIG MAC word mark because it had not been put to “genuine use” in the European Union (“EU”) for five continuous years following the date of…
Jan 16 | 2019

Disclaimer Or No Disclaimer: That Is The Question

General Principles: When a trademark – in relation to the goods and services tendered in an application – comprises descriptive, generic or otherwise unregistrable matter, the United Patent and Trademark Office (“PTO”) is apt to request a disclaimer.  While typically…
Nov 27 | 2018

Dunner Law Trademarks 101: What is a Trademark?

Trademarks can be a variety of things, such as words, names, phrases, symbols or designs, and even sounds. Trademarks have a dual purpose, helping businesses distinguish their products in the market, and in turn, helping consumers identify the source and…
Sep 14 | 2018

Power-Up Your Mark: Depiction, Marking and Consistency

Given competing demands, consumers must immediately recognize and perceive a trademark. Selecting and clearing a trademark are crucial, but neither guarantees consumer recognition nor perception. Standards for depicting, marking and using a trademark are therefore important. The strength of a…
Mar 28 | 2017

The Rise of Copyright Trolls

Unlike the well-known patent trolls, “copyright trolls” have received comparatively less attention in Congress and in the media. A copyright troll is a business with the principal purpose of enforcing copyrights for which it has only a limited ownership interest.…