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The Litmus Latest
Stay up-to-date about the latest news, developments,
and other special topics of interest in U.S. trademark law.

Trade Name is Not a Trademark (Necessarily)

3/17/2025

 
A decision of the Trademark Trial and Appeal Board confirmed what most practitioners know: use of a term ONLY as a trade name and not in a trademark manner is not sufficient for trademark registration.  See  In re Hi-Tech Pharmaceuticals, Inc., Serial No. 88291540 (2/14/24) (not precedential). Generally, a trademark must be seen as identifying certain goods or services.  Things that generally indicate trade name use is use of the term with an address or other contact information immediately below and/or preceded by phrases such as “Development and exclusively manufactured by XYZ Corporation.”  Trademark Use is generally when the term is used in a branding manner.
 
Ask for our Memo on Trademarks and Trade Names for more information.

Upcoming USPTO Fee Changes & Filing Strategies

12/6/2024

 
It’s official – the USPTO’s proposal to increase trademark fees has been released and will take effect on January 18, 2025. These changes will increase many trademark fees and has the potential to dramatically increase fees for new applications.

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Trademark Search – Basic Mode

9/24/2024

 
The USPTO has been continually updating its new trademark search system since its launch in 2023. Recent changes and updates to the USPTO’s "Basic" search mode (i.e., not “Expert” mode – “Basic” is the default) and things to remember when using this mode, include:

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Copyright Protected Font Software Programs

9/10/2024

 
Did you know that using some fonts could cause copyright issues?

While many software programs to create certain fonts are open source/public domain, other such software programs are protected by copyright, sometimes requiring payment or crediting the original source/creator in order to use the fonts generated from the proprietary software commercially, or even preventing commercial use entirely. Semantically, the actual font or typeface may not be protected as a copyright; however, the computer code to create the font may be copyright protected. This still means trouble for designers, website owners, trademark logo creators, and others making content that includes a particular font.


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USPTO Trademark Search Updates & Tips

8/1/2024

 
A full list of USPTO search updates can be found at: https://tmsearch.uspto.gov/announcements.

Recent changes include:
  • A “search builder” feature has been added to help formulate complex searches when searching by field tags.
  • “Search by all” has been replaced with “General search” and is now the default “searcher,” which provides more relevant results at the top of the page.

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No attorney-client relationship is intended or established by way of communication initiated through this website. The information provided is a service to the public, and is meant to assist with general questions about intellectual assets and other legal subjects pertaining to business. Such information should not be construed as legal advice, and should not be relied upon for any purpose. Legal advice requires the careful consideration pf the particular facts pertaining to your business by an attorney of your choosing.


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