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Trademarks

What To Do If Someone Else’s Trademark Registration Is In Your Way

Have you tried to register a trademark or contemplated filing a trademark application with the U.S. Patent and Trademark Office only to find that someone else has already registered an identical or similar trademark? This is a common problem for people in the United States, where trademark rights are generally provided to whoever was first […]

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Uncategorized

Supreme Court Says Yeah, Booking.com Deserves A Trademark Registration

The Supreme Court of the United States has ruled that the United States Patent and Trademark Office (USPTO) improperly denied the registration of Booking.com as a trademark based on the theory that it is a generic term. The main holding by the highest court is that just because a name (like “booking”) is generic, that […]

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Trademarks

CBD Trademarks Now Have Tough Road Toward Registration

The U.S. Trademark Trial and Appeal Board (TTAB) has just issued an opinion that is not going to please individuals and corporate entities in the Cannabidiol (CBD) space. It has ruled, in the case of In re: Stanley Brothers Social Enterprises LLC, that a Colorado CBD company is not permitted to have its trademark registered because […]

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Trademarks

Inter Miami And Inter Milan Remain Entangled In Trademark Dispute That Can’t Seem To Move Forward

Heitner Legal is your one-stop shop for all of your trademarking needs. Contact us for more information after reading this article. Inter Miami CF is the name of a brand new Major League Soccer (MLS) team set to debut in South Florida in 2020. Inter Milan is an historical Italian soccer club with worldwide acclaim […]

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Trademarks

The Vitamin Shoppe Is Too Generic To Be Registered, Says Trademark Trial And Appeal Board

Is “The Vitamin Shoppe” too generic of a name for the parent company to obtain trademark registration? After a year-long battle within the Trademark Trial and Appeal Board (TTAB) system, the answer is a resounding yes. Without a disclaimer for the entire mark, the TTAB was unwilling to reverse the U.S. Patent and Trademark Office’s […]

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Drugs/Doping Trademarks

What’s The Deal With Cannabis And CBD Trademarks?

We have been asked by many clients whether we can assist them with registering trademarks connected to the sale of cannabis and cannabis-related goods and services. In the past, we needed to be very creative to push applications through to registration. Now, the U.S. Patent and Trademark Office (USPTO) may be making things a bit […]

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Trademarks

Chicago Cubs Keep Up Enforcement Against Use Of Fly The W

Chicago Cubs Baseball Club, LLC has filed a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The Cubs believe that its club will be damaged if the U.S. Patent and Trademark Office (USPTO) chooses to register the marks “FLY THE W” and “1908 IS ENOUGH.” The Cubs are very well known for their […]

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Business Law Trademarks

What Can An Advisory Opinion Do For You?

Last month, it was reported that prominent children’s store, Toys R Us, would be going after the trademark application filed by up-and-coming hair salon and boutique, Hair Are Us. On March 17, 2014, the popular hair extension business based out of Atlanta, Georgia –with additional locations in Miami, Florida and Los Angeles, California – filed […]

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Headline Intellectual Property Trademarks

Trademark Bullies Beware

No one likes a bully, and that includes “trademark bullies.”  One definition of “bullying” is, to treat in an overbearing or intimidating manner (synonym = intimidate).  So how exactly does one intimidate others with trademarks?  Through aggressive litigation tactics by those with power against those with limited resources.  The U.S. Patent and Trademark Office (USPTO) […]