USPTO To Target Fake Trademark Specimens Of Use With Expanded Audit Program

Hoping to crack down on the ever-increasing problem of overbroad trademark registrations and fake specimens of use, the United States Patent and Trademark Office (“USPTO”) has announced that it will expand its existing audit program, currently conducted on a random basis, to include directed audits for certain trademark filings.

In contrast to many jurisdictions, the United States requires that trademark owners periodically demonstrate that their marks remain in active use in commerce to avoid cancellation […]

By | December 5th, 2024 ||

Fifth Circuit Reinstates Original Judgment In Trademark Dispute

The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly contradicting the Fifth Circuit’s earlier decision. In that earlier decision, the Fifth Circuit upheld the district court’s finding of trademark infringement but modified the scope of the injunction, approving it only in part. Rolex Watch USA, Incorporated v. BeckerTime, L.L.C., Case No. […]

By | December 5th, 2024 ||

USPTO Withdraws Proposed Changes To Terminal Disclaimer Practice

The U.S. Patent and Trademark Office (USPTO) announced on December 4, 2024, that it is withdrawing the Notice of Proposed Rulemaking published in the Federal Register on May 10, 2024. According to the USPTO, “In light of resource constraints, the USPTO has decided not to move forward with the proposed rule at this time and to withdraw the proposed rule. Despite the decision not to move forward with the proposed rule at this time, […]

By | December 3rd, 2024 ||