Federal Trademark Law Changes Passed with COVID-19 Relief

Federal Trademark Law Changes Passed with COVID-19 Relief

Trademark
Congress recently passed a major spending and relief bill called the Consolidated Appropriations Act of 2021. As part of this bill, they also implemented some important changes to intellectual property laws in the United States, including trademark laws. These changes might go unnoticed to many, as the focus of the legislation appeared to be COVID-19 pandemic relief. The following is a brief overview of some of the trademark law changes that were enacted in early 2021. If you have questions about a specific situation, please contact an Orlando trademark attorney directly. The Trademark Modernization Act of 2020 Known as the TM Act of 2020, this new legislation amends the Lanham Act in several important ways: Third parties may now submit evidence for the USPTO to consider against a trademark application.…
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Can You Trademark Something “Scandalous”?

Can You Trademark Something “Scandalous”?

Trademark
For decades, the Lanham Act prohibited trademarks that were “immoral” or “scandalous.” The law left it up to the U.S. Patent and Trademark Office (USPTO) to determine when an application involved a scandalous mark, and the USPTO would deny trademark applications accordingly. Now, however, an applicant has appealed his denial all the way to the Supreme Court of the United States (SCOTUS), and SCOTUS effectively struck down the ban on scandalous trademarks. In the case of Iancu v. Brunetti, a clothing designer appealed the repeated denial of his application to trademark the name of his clothing brand, which was the acronym F.U.C.T. The USPTO had been denying his applications since the 1990s based on “scandalous” content. SCOTUS, however, ruled in a 6-3 decision that the law banning immoral or scandalous…
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Benefits of Registering a Trademark

Benefits of Registering a Trademark

Trademark
Trademarks can be highly valuable, as your brand can increase consumer recognition, customer goodwill, and in turn, greater profits. When you begin using a name, logo, or something else that distinguishes your brand, you will have some trademark protection automatically. However, there are several benefits to applying to officially register your trademark with the United States Patent and Trademark Office (USPTO). To discuss the registration of your specific trademark, contact a trademark lawyer in Orlando. The following are some general benefits you may enjoy from trademark registration Your trademark will appear in trademark searches, possibly deterring others from using the same or similar mark. Registration prevents others from registering a confusingly similar mark. You have nationwide protection and not just in your geographical area. Provides nationwide notice of your trademark,…
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What if Someone Infringes on Your Trademark?

What if Someone Infringes on Your Trademark?

Trademark
When you register a trademark for your brand, you expect that the trademark will protect you from others misappropriating your company name, logo, or other branding. However, there may come a time when you learn that someone is using your trademark and wonder what you can do. First, you should discuss with an attorney whether the use constitutes trademark infringement, as not all use rises to a legally actionable level. If your attorney determines that someone else is wrongfully using your trademark or one that is confusingly similar, you have the right to stop the infringement. First, your attorney may send a cease-and-desist letter to the infringer. In some cases, this is the first notice that they are doing something wrong, and they may stop voluntarily, preventing the need for…
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