Tag Archives: USPTO

USPTO Switches Gears on Registration of Disparaging Marks, but Not on Scandalous Marks

On June 26, 2017, a week after the U.S. Supreme Court unanimously held that the “disparagement clause” in Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), violates the Free Speech Clause of the First Amendment in Matal v. Tam, the U.S. Patent and Trademark Office (the “USPTO”) has updated (Examination Guide 1-17) its … Continue Reading

Deadwood on the U.S. Trademark Register: Random Audit Pilot Program Proposed to be Made Permanent

The U.S. Patent and Trademark Office (USPTO) has long been concerned about so called “deadwood” on its register — registrations granted where the registration is not being used or not used on all goods/services identified in the registration, but the registration’s existence keeps others from obtaining registration protection for similar goods/services. This is particularly an … Continue Reading
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