Trademark Center—a new way to apply to register your trademark; United States Patent and Trademark Office (USPTO), December 18, 2024

David S. Gooder , United States Patent and Trademark Office (USPTO); Trademark Center—a new way to apply to register your trademark

"We recently shared that on January 18, 2025, Trademark Center will become the only way to apply for a trademark registration. While you can still submit applications in the Trademark Electronic Application System (TEAS) until then, I invite you to join the thousands of customers who have already tried Trademark Center. I think you’ll appreciate some of the updates and new capabilities as you get familiar with the system.

Modernizing our systems has been a key focus at the USPTO, and it’s one of the goals of our 2022-26 strategic plan to ensure all trademark applicants and owners have the best experience possible when doing business with our agency. One way we're doing this is through our open beta rollout of Trademark Center, which was launched this past summer. You can now draft and file your trademark application in this new system at trademarkcenter.uspto.gov, and we’ve recently added some exciting new features. Over the next few years, it will become the single platform for not only your trademark registration needs but searching and other trademark services."

Meghan Markle asks US Patent Office for more time to correct American Riviera Orchard trademark application; New York Post, November 29, 2024

Nika Shakhnazarova, New York Post; Meghan Markle asks US Patent Office for more time to correct American Riviera Orchard trademark application

"Meghan Markle has asked the US Patent and Trademark Office for extra time to launch her lifestyle brand, American Riviera Orchard.

The Duchess of Sussex, 43, has faced a slew of ongoing trademark troubles since announcing the brand’s impending launch in March.

In documents obtained by The Post, the “Suits” alum’s legal team has requested a three-month extension in her attempt to secure a trademark for the yet-to-be released brand...

Rival lifestyle brand Harry & David filed a protest against Markle’s lifestyle brand, claiming the name is far too similar to its “Royal Riviera” product line."

US Supreme Court takes up case dealing with the use of public figures’ names and likenesses in trademarks; Jurist.org, June 5, 2023

 Rebekah Yeager-Malkin | U. Pittsburgh School of Law, US, Jurist.org; US Supreme Court takes up case dealing with the use of public figures’ names and likenesses in trademarks

"The US Supreme Court announced Monday it will take up the trademark case Vidal v. Elster, to determine whether the application of Section 2(c) of the Lanham Act to political figures violates the First Amendment. 

The case surrounds the trademark application by Steve Elster for the phrase “Trump Too Small,” which Elster attempted to trademark for use on t-shirts. Elster’s application was denied by the US Patents and Trademarks Office and the denial was upheld by the Trademark Trial and Appeal Board for violating Section 2(c) of the Lanham Act, which bars a trademark that “Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent…”"

Stay Away; No Trademark For Social Distancing And Other Informational Terms; JDSupra, March 23, 2020

Weintraub Tobin and Scott Hervey, JD Supra; Stay Away; No Trademark For Social Distancing And Other Informational Terms

"The trademark examiner assigned to an application to register SOCIAL DISTANCING will likely refuse registration because it fails to function as a trademark because it merely conveys an informational message. Where a term is merely informational, the context of its use in the marketplace would cause consumers to perceive the term as merely conveying an informational message, and not a means to identify and distinguish goods/services from those of others...

Some examples of proposed marks that have been denied registration on the grounds of being merely information or a widely used message are: ITS TACO TUESDAY for clothing, I LOVE YOU for jewelry, BLACK LIVES MATTER for a wide variety of goods and services, THINK GREEN for products advertised to be recyclable and to promote energy conservation, and DRIVE SAFELY for automobiles.

The trademark examiner would contend that the proposed mark, SOCIAL DISTANCING, merely conveys an expression of support for the ideas embodied in the message, that maintaining a certain distance between individuals is a measure people can take to slow the rapid spread of the coronavirus, as opposed to rather than an indicator of a single source of goods or services. In support of the refusal to register, the trademark examiner would introduce evidence from the CDC and other sources discussing the benefits of social distancing in slowing down the spread of coronavirus."

Trying to Trademark a Meme? OK Boomer; The New York Times, November 19, 2019

Derrick Bryson Taylor, The New York Times; Trying to Trademark a Meme? OK Boomer

"In light of the phrase’s popularity, it’s not likely that any of the applications will be approved, said Josh Gerben, a trademark lawyer and founder of Gerben Law Firm, who noticed the filing by Fox Media on Monday.

“I think they are all very likely to meet the same fate, which is the U.S.P.T.O. will issue what is called a widely used message refusal,” Mr. Gerben said in an interview on Tuesday, adding that the definition of a trademark “has to identify a single company or individual as a source of a product or service.”

Once something like a meme goes viral and is widely used by people, it cannot legally function as a trademark, he said."

Seeking a Vulgar Trademark? Better Wait for Supreme Court Review; Bloomberg News, August 1, 2018

Susan Decker, Bloomberg News; Seeking a Vulgar Trademark? Better Wait for Supreme Court Review

"The U.S. Patent and Trademark Office has placed suspensions on trademark applications that contain “scandalous or vulgar” words while it considers whether to ask the Supreme Court to look at the issue...

There’s always the chance that the trademark office will put other roadblocks in front of applications even if the “scandalous” standard goes away, like saying that the trademark doesn’t really identify the source of a good or service, or that it’s only an ornamental use.

And there’s no indication the ruling has led to a rise in applications for what many would consider hate speech, Baird said. One reason -- you have to pay the application fees and show you actually are using the trademark."