Earliest Possible Third Party Participation: Pre-examination pre‑issuance third party participation in Post Grant Review proceedings is a featured proposal in this updated revision of the previously circulated paper. See § VII, Pre-Examination Preissuance Submissions (page 73). ...
The Board dismissed a Section 2(d) opposition to registration of the design mark shown below left, finding it not confusingly similar to the registered design mark shown below right, both ...
The previous draft of this paper has been greatly expanded to include a discussion of potential practice changes in the wake of the Constitutional challenge posed by Oil States Energy Services, and ...
The USPTO has issued a Notice of Proposed Rulemaking (here) that would streamline the Trademark Rules of Practice by removing certain regulations concerning trademark interferences. The proposed action is consistent ...
Opposer HOOS, an LLC founded by University of Virginia graduate James Creekmore, opposed the application of intrastate rival Virginia Tech to register the mark HOKIE for various educational and entertainment services, on ...
Attached is a discussion draft of a paper concerning post grant patent challenges at the PTO in view of current case law, including a Supreme Court case to be argued next month. ...
The captioned paper (attached) explores patent validity challenges at the PTO are now under fire in the Restasis case, Allergan, Inc. v. Teva Pharmaceuticals USA, Inc.(on its way to the Federal Circuit), as ...
The USPTO refused registration of the mark BAZAAR HOME, finding it merely descriptive of "Retail and online retail store services featuring furniture, home décor items, bedding and kitchenware." On appeal, applicant ...
Applicant Soundscape, Inc. pulled out all the stops but its arguments for reversal of this Section 2(d) refusal failed to move the TTAB. The Board affirmed the refusal to register ...
On Monday November 27, 2017, in the Oil States and SAS Institute cases, the Supreme Court entertains oral arguments dealing withinter partes review (IPR). Merits decisions in both cases are expected before the Court completes ...