BACKGROUND A trademark or service mark is a distinctive word, phrase, logo, or graphic symbol that allows consumers to identify the manufacturer, merchant, or service provider responsible for providing the goods or services.  Basically, a trademark or service mark is a brand.   In contrast to inventions and creative works, both of which have an express basis in the Constitution, trademarks are not specifically Read More

Introduction Mark validity issues for registered marks originating with intent-to-use (1b) applications typically arise during cancellation and trademark infringement proceedings.   Questions concerning the validity of registered marks originating from 1b applications may also arise during IP due diligence activities. Here, the potential acquirer of registered trademark rights will want to assure that Read More

Registered trademark protection for brands is available to any business, whether a small business or a large multi-national company, providing the requirements for trademark registration are met.   Large companies generally have a marketing department for addressing brand development, i.e., developing a brand for new services/products for which registered trademark protection will be sought whether Read More

On Dec. 9, 2025 in In Re: Bayou Grande Coffee Roasting Co., the U.S. Court of Appeals for the Federal Circuit (the “CAFC”) held that the mark KAHWA for cafes and coffee shops was registrable after the mark had been rejected for registration by both the examining attorney and the Trademark Trial and Appeal Board (the “Board”) on genericness and mere descriptiveness grounds. The examining attorney had relied on the Read More

TAKE HOME POINTS INTRODUCTION Trademark rights are territorial; for trademark owners to have trademark protection in a particular country, the owner must have a registered trademark in that country.   Any trademark owner, whether U.S. based or non-U.S. based can file a trademark application under 35 U.S.C. §1051(a) [mark already in use in commerce] or §1051(b) [the applicant has a bona fide intent Read More

Background The overarching public policy behind trademark law is two-fold: 1) to protect the consumer from confusion in the marketplace as to the actual source of a good(s) and/or service(s); and 2) to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.  When applied-for marks are examined by the USPTO, they are thoroughly checked for likelihood of confusion Read More

  Take Home Points Priority of use in trademark law is an often-misunderstood concept.  Priority of use simply means which mark (whether a registered or common law mark) was used first in commerce; the mark need not be registered for a priority of use dispute to arise.  However, the possibility of likelihood of confusion between the earlier and later used marks must be found to exist; otherwise, the priority of use Read More