The famous mark doctrine, deeply rooted in U.S. federal law, is an instrumental legal principle that offers elevated protection to trademarks that have attained an exceptional level of renown. These trademarks, often described as “super strong,” stand apart due to their broad recognition among the American consuming public. Their fame is not just a title—it’s a […]

The United States Patent and Trademark Office (USPTO) employs an international classification system for trademarks that is similar to how department stores categorize merchandise into different departments. The classification system used by the USPTO serves to streamline the process of registering and protecting trademarks by grouping goods and services into 45 distinct classes. Classes 1-34 cover […]

The United States Patent and Trademark Office (USPTO) adopts a classification system known as the International Classification of Goods and Services, often referred to as “Nice Classification,” established under the Nice Agreement. This globally-recognized system helps to categorize and standardize different kinds of goods and services into 45 distinct classes—Classes 1-34 for goods and Classes 35-45 […]

Under the Lanham Act, which is the primary federal trademark law in the United States, and the Trademark Manual of Examining Procedure (TMEP), the strength or weakness of a trademark is crucial in determining its scope of protection. The strength of a trademark is often evaluated along a spectrum of distinctiveness, with generic marks at one […]

A generic trademark is the name of a product/service/brand name which is the actual name for the product/service/brand name. Examples include: APPLE for apples, or LAW FIRM for a law firm. A generic term that could even obtain secondary meaning will not help that term become eligible for trademark protection. The rationale behind this prohibition is that to allow a single business, entrepreneur or inventor, the exclusive right to the generic term would give them a monopoly and an unfair competitive advantage over other businesses.

Starbucks, the massive Seattle based coffee company worth about $16.447 billion in 2014, sent the owner of a small town brewery outside of St. Louis, Missouri, a cease and desist letter to prevent them from infringing a Starbucks trademark. The trademark in question, FRAPPUCCINO.

In March 2014, the makers of Alamo Beer filed a lawsuit for trademark infringement in the Western District of Texas. Alamo Beer Company alleged that a competitor was using a confusingly similar trade dress (likelihood of confusion), including a similar design depicting a silhouette of the Alamo.  In this case, the State of Texas, owner of […]