More and more of my clients have been receiving trademark scam letters purporting to be from the United States Patent and Trademark Office. These letters often appear official in nature and include scary notations such as "CANCELLATION PENDING." These companies have defruaded trademark owners of millions. If you have received this type of note, the following article includes some things to look for such as exorbitant fees or fast approaching deadlines.
Updated: Aug 24, 2023
Draft legislation addressing patent eligibility is expected sometime this fall. The hope is that the bill will clarify patent eligibility issues and tackle inventions classified as abstract ideas, laws of nature and natural phenomena.
Proposed changes to section 101 are expected to broaden patentability for “any invention or discovery that provides specific and practical utility in any field of technology through human intervention.”
Updated: Aug 24, 2023
Proctor & Gamble has recently filed two trademark applications for "WTF" and "FML" - two colorful acronyms containing the word "F*CK". These marks would have formerly been rejected on the basis that they are "scandalous" or "immoral;" however, recent decisions validating registration of THE SLANTS (a band with Asian members) and REDSKINS (an NFL team) has changed the trademark landscape. A recent Federal Court decision noted, "the First Amendment protects private expression, even private expression which is offensive to a substantial composite of the general public,” holding that FUCT is a registerable trademark.
UPDATE
The U.S. Supreme Court has ruled that the USPTO's policy of rejecting "scandalous" marks is a violation of the First Amendment, making such trademark refusals an unconstitutional violation of free speech.
