The United States Patent and Trademark Office recently enacted a rule that increases numerous fees for filing trademark applications, maintaining trademark registrations and filing oppositions and cancellations before the Trademark Trial and Appeal Board. Brand owners considering filing new trademark applications, and those with upcoming deadlines, should proceed with filings now to avoid incurring the increased government fees that will take effect on 2 January 2021.
Arizona, Montana, New Jersey and South Dakota have voted to legalise recreational marijuana use for individuals aged 21 years and older and Mississippi has voted to allow prescribed medical marijuana for people with certain conditions. While the specific regulatory frameworks concerning cannabis in these states have yet to be determined, companies involved in the cannabis industry should begin thinking now about what requirements exist to secure trademark rights for cannabis-related goods and services.
With people encouraged to stay home and retail stores closing across the country due to COVID-19, Amazon sales have surged. In this climate of increased sales, IP rights owners must be especially active in enforcing their rights against Amazon sellers of infringing products. Fortunately, Amazon provides numerous tools that rights owners can use to monitor for infringement and seek the removal of infringing listings.
In March 2020 the Precedential Opinion Panel of the Patent Trial and Appeal Board (PTAB) designated as precedential an opinion which sets out a two-part inquiry for determining when the PTAB can deny institution of inter partes review proceedings under 35 US Code 325(d) as duplicative of art and arguments previously presented in patent prosecution. The PTAB director's determination to institute or deny an inter partes review is non-appealable.
Protecting consumers and company brand identity is more important than ever as counterfeit products surge in the shadow of the COVID-19 outbreak. In this time of social distancing, consumers are beginning to rely more heavily on e-commerce platforms to purchase both essential and non-essential products. This article outlines some of the strategies that companies could use to protect their customers and brand during the pandemic.