Genericide. The death of a trademark. It may sound dramatic and for a trademark owner, it is. It means that the trademark owner’s once strong and powerful trademark is now available for everyone to use. In the trademark law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark […]
Gerben Law Firm's Trademark Blog
This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.
Court: ‘GOOGLE’ Not A Generic Trademark. Lessons Trademark Owners Should Learn About Genericide.
False DMCA Takedown Notices: Ninth Circuit Holds that Copyright Owners Must Consider Fair Use Before Issuing Take-Down Notices
By: Eric Perrott, Esq. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged […]
SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB
So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple […]
Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising
Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a […]
New & Noteworthy TTAB Filings: Monster Energy Opposes MONSTER BUCK for knives, Apple opposes SWATCH’s IPOP mark
This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other “wet” marks, and beverage company Sazerac wants everyone to be able to use the […]
TTAB Generic Trademark Refusal: PC LAPTOPS is Generic for Computers and Computer Retail Stores
Generic words for goods and services can never gain trademark protection. Think THE BANK for a bank, FARMER’S MARKET for, say, a farmer’s market, or PC LAPTOPS for computers. The TTAB’s affirmed an examiner’s refusal, holding that the phrase PC LAPTOPS is generic for computer products and services. PC Laptops LLC filed two different applications […]
Facebook Files Trademark for Its Own Brand of Drone
Social media giant Facebook recently filed a trademark for a brand of UAVs – unmanned aerial vehicles. These are typically referred to as “drones,” although their design, usage, and function can vary widely. Although Facebook has expressed interest in using UAVs or drones in the past, for various purposes, this filing is notable because it […]
Will Google Be Able to Trademark the Word Glass?
Google’s rollout of one of the first mainstream wearable technology devices – Google Glass – made a big splash in the technology sector. Generally, in the media and everyday conversation alike, it was referred to by that full name: Google Glass. Google, however, has made a contention, by filing an a trademark application through the […]
Apple’s Secret Trademark Filing in Trinidad and Tobago
If you were among the millions of fans staying up-to-date on Apple’s September 9th new product announcement event, you probably had a few expectations. It was no secret that a new phone was on the way, and Apple’s entry into the wearable tech market was heavily rumored to be unveiled. And sure enough, it was […]