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…
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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…
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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…
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Jan 27 | 2017

USPTO to Increase Scrutiny of Trademark Registrations

The U.S. Patent and Trademark Office (“USPTO”) has adopted a rule change that will impact owners of federal trademark registrations. Effective February 17, 2017, the USPTO will begin randomly auditing Declarations of Continued Use that trademark owners must periodically file…
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Jan 26 | 2015

Forget Patent Trolls…Focus on Convicts

While discussions about patent reform heat up in the United States, patent trolls are proliferating in an unexpected forum in China: prison. Under Chinese law, a prison sentence can be reduced if the prisoner develops a patentable technology. While the…
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