August 11, 2025 Hello Reader, It’s tempting to think that if you’ve designed something innovative—something instantly recognizable in the market—you should be able to trademark it. But in trademark law, there’s a critical rule you can’t ignore: If your design is functional, it can’t be registered as a trademark. A recent decision from the Trademark Trial and Appeal Board (TTAB) involving the Shibumi Shade beach canopy illustrates this point clearly. Shibumi Shade applied to register the 3D...
20 days ago • 2 min read
August 4, 2025 Hello Reader, Most people assume that when the USPTO refuses a trademark application, that’s the end of the road. But every so often, a case comes along that reminds us: the USPTO isn’t always right, and their decisions can be overturned. A recent example? The trademark ENAIRA, which the USPTO tried to block under Section 2(a) of the Lanham Act for supposedly suggesting a false connection with the Central Bank of Nigeria. Despite a messy and prolonged prosecution...
27 days ago • 2 min read
July 28, 2025 TMtelegram Hello Reader, If your trademark application has ever been blocked by a strange, unfamiliar registration—one with a made-up name or suspicious “proof of use”—you may have run into a growing problem in the trademark world: specimen farms. The USPTO recently issued a public warning about these setups, and it’s something every business owner and brand builder should understand. Because if you’re doing things right—actually using your brand in commerce and building your...
about 1 month ago • 2 min read
July 21, 2025 TMtelegram Hello Reader, You might not think of trademarks as a business growth tool, but companies like Target sure do. In fiscal year 2024, Target filed more trademark applications than any other company in the U.S.—a total of 525, according to the Star Tribune (read the article here). That’s not a typo. And it wasn’t about chasing trends—it was about protecting their 40+ private-label brands, including heavy-hitters like Cat & Jack (kidswear), Good & Gather (groceries), and...
about 1 month ago • 1 min read
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,...
about 2 months 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...
about 2 months 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...
2 months 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...
2 months 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...
3 months 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...
3 months ago • 1 min read