• Posts by Jennifer A. Van Kirk
    Partner

    Jennifer Van Kirk counsels clients on a wide variety of intellectual property matters, including all aspects of ‎trademark and brand protection: trademark clearance, prosecution, licensing, portfolio ‎management, and litigation guidance. Her experience includes traditional ...

Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks. However, we have learned of a new, bolder scam.  We have multiple reports of clients receiving telephone calls claiming to be from the United States Patent and Trademark Office (USPTO). The caller claims an immediate payment is needed to maintain a trademark filing, when no such payment is in fact needed. The caller is armed with specific data about the filing (which is all public record) and often calls within a day or two of when an application is filed. One caller even spoofed the USPTO telephone number, and pointed their potential victim to that number on the USPTO website in an effort to legitimize their claims.

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The Metaverse is a virtual environment whose digital attributes persist even if the user is not logged online. What makes the Metaverse more complex is its integration with new technology. Wearable technology such as the Oculus give the Metaverse the capability to virtualize almost all facets of the real world. The similarities to the real world and high functionality can lead to legal issues, including trademark issues.

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The United States Patent & Trademark Office has enacted a Final Rule that will increase the
fees for filing trademark applications, maintaining trademark registrations and filing
oppositions and cancellations before the Trademark Trial and Appeal Board, effective
January 2, 2021.

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Can a generic word combined with “.com” ever be eligible for trademark protection in the United States? Yes, under the Supreme Court’s 8-1 decision in United States Patent And Trademark Office v. Booking.com  B.V., issued today.

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Businesses small and large have been impacted in myriad ways by the COVID-19 crisis but some businesses have responded by reinventing themselves by making products or providing services to meet the new demands of COVID-19.

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Taking a few small steps to set up your company’s Digital Millennium Copyright Act agent can provide significant protection against copyright claims.

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The USPTO has twice announced extensions of certain trademark and patent deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The most recent extensions will lapse on May 31, 2020, but the USPTO will continue to offer some relief.

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The USPTO has announced extensions of certain patent and trademark deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Under some conditions, discussed below, deadlines for filing certain patent and trademark related documents and paying certain required fees that would otherwise have been due between March 27 and May 31 may now be filed on or before June 1.

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The USPTO, like many other trademark offices worldwide, has responded to the COVID-19 outbreak by offering extensions of time for certain deadlines related to trademark applications and registrations. A 30-day extension of time is now available.

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On February 6, 2020, the United States Patent & Trademark Office (“USPTO”) published an Examination Guide announcing new rules scheduled to go into effect on February 15. Among the new rules, is a requirement that any trademark owner (e.g. applicant, registrant, or party to a litigation matter before the Trademark Trial & Appeal Board) provide a valid email address for correspondence, even if there is an appointed U.S. attorney.

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The United States Patent and Trademark Office (USPTO) now requires all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States to prosecute trademark applications, file post-registration maintenance documents, file submissions in Madrid applications, or respond to Trademark Trial and Appeal Board (TTAB) proceedings.

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A new adult-themed domain name blocking mechanism has announced a promotional price incentive that expires on December 31, 2019. We recommend considering this option for your most valuable marks.

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