July 14, 2025 TMtelegram Hello Reader, Most people know that trademarks protect your brand name, but did you know that famous trademarks get a higher level of protection under the law? Two recent cases show exactly how that works—and how powerful a famous trademark can be in court. Case #1: The IVY LEAGUE Stops “IV League Nurse Concierge” The Ivy League colleges (like Harvard and Yale) collectively own the trademark THE IVY LEAGUE, and they've used it for decades in connection with education,...
5 days ago • 1 min read
July 7, 2025 TMtelegram Hello Reader, You might think leather purses and cosmetics have nothing to do with each other. But when the same trademark is used for both, the USPTO says: there’s a real chance of confusion. That’s exactly what happened in a recent case where Huella Studio LLC tried to register the mark HUELLA (which means “fingerprint” in Spanish) for high-end leather goods. But the mark was already registered by someone else—for cosmetics and nail products. Even though the products...
12 days ago • 1 min read
June 30, 2025 TMtelegram Hello Reader, In May 2025, the Federal Circuit upheld the USPTO’s refusal to register the mark US SPACE FORCE—but not for the reason most people expect. The issue wasn’t likelihood of confusion. It was something else: false suggestion of a connection. This refusal falls under Section 2(a) of the Lanham Act, which bars registration of any mark that falsely suggests a link with: A person (living or dead) An institution A belief or A national symbol In this case, the...
19 days ago • 1 min read
June 23, 2025 TMtelegram Hello Reader, A recent case before the Trademark Trial and Appeal Board (TTAB) highlights a hard truth: you can lose a trademark dispute not because your argument is wrong—but because your paperwork is incomplete. In Superior Brands v. Retrobrands America, Superior tried to cancel a Supplemental Register trademark (KINNEY SHOES) based on a likelihood of confusion with their own intent-to-use application for a similar mark. Their argument? Their application was filed...
26 days ago • 1 min read
June 16, 2025 TMtelegram Hello Reader, Think your trademark is safe because another business with a similar name is far away? Think again. Recent cases confirm that geographical distance no longer guarantees protection from trademark infringement claims. With online commerce bridging physical gaps, consumers can easily be confused—even across great distances. Always do a thorough nationwide trademark search before you settle on a brand name. And remember, federal registration of your...
about 1 month ago • 1 min read
June 9, 2025 TMtelegram Can you trademark a phrase everyone uses? Hello Reader, In a recent decision, the USPTO rejected Tinder’s applications to register “SWIPE LEFT” for its dating app and services. Why? Because “SWIPE LEFT” was found to be: ✅ Merely descriptive — It directly describes what users do in the app to reject a match.✅ Fails to function as a trademark — It’s a common phrase that conveys a familiar idea: rejection. Tinder submitted two consumer surveys trying to show people...
about 1 month ago • 1 min read
June 2, 2025 TMtelegram Hello Reader, When you apply for a trademark, one of the things the USPTO checks is whether your drawing matches how you actually use the mark. If it doesn’t—especially if you’ve carved out just a piece of the full brand name—you might get hit with a refusal for “mutilation.” Yes, that’s a real trademark term. And it just tripped up a pharmaceutical company. In In re Verrica Pharmaceuticals Inc., the company applied to register a stylized "V" with three dots above it,...
about 2 months ago • 1 min read
June 2, 2025 TMtelegram Hello Reader, Color trademarks can be powerful brand assets—but they’re not easy to register. A recent case involving dark green medical gloves shows just how high the bar is. Green Gloves In In re PT Medisafe Technologies, the company tried to register the color Pantone 3285 C (dark green) for chloroprene medical examination gloves. They claimed it functioned as a trademark for their brand. The USPTO refused registration, and the Federal Circuit agreed, calling the...
about 2 months ago • 1 min read
May 19, 2025 TMtelegram Hello Reader, Here’s a recent reminder from the Trademark Trial and Appeal Board (TTAB): sometimes, the name you pick for your product is just too on the nose to protect. That was the case in In re Jacobs Corporation, where the company tried to register the word BLADE as a trademark for a “hammer sold as an integral component of hammer mill machines.” The USPTO said no—and the TTAB backed them up. Why? Let’s break it down: 🔍 Jacobs argued: Their product is a hammer,...
2 months ago • 1 min read
May 12, 2025 TMtelegram Hello Reader, The USPTO rolled out a new trademark fee structure in January 2025. On the surface, it looks like a simple pricing adjustment—but if you work with hemp or CBD products, the reality is much more costly. Here’s what changed: 🚨 New Trademark Fee Structure (Effective Jan. 18, 2025): Base Application Fee: $350 per class Custom Descriptions: +$200 per class if you don’t use pre-approved ID Manual language Extra Length Fee: +$200 per 1,000 characters over the...
2 months ago • 1 min read