Intellectual Property Blog
INTERNATIONAL TRADEMARK UPDATE: Pakistan Joins Madrid System
By Stephen D. Wilson | March 2, 2021 Effective May 24, 2021, U.S. brand owners will have an additional option to protect trademarks in Pakistan under an international intellectual property (IP) treaty. Islamic Republic of Pakistan On February 24, 2021, the Government of the Islamic Republic of Pakistan deposited its instrument of accession to the Madrid Protocol with the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, becoming the 108th member of the Madrid System for the International Registration of Marks (Madrid System). The Madrid Protocol will enter into force for the Islamic Republic of Pakistan on May 24, 2021. [...]
TRADEMARK LAW UPDATE: U.S. TRADEMARK MODERNIZATION ACT OF 2020
By Stephen D. Wilson On December 27, 2020, the U.S. Trademark Modernization Act of 2020 (TMA) (also known as the TM Act of 2020) [“TMA”] became law. The TMA was included in the Consolidated Appropriations Act, 2021 (also known as the COVID-19 relief and spending bill). The TMA amends the Trademark Act of 1946 (also known as the Lanham Act) in several ways. The amendments seek to accelerate the trademark application examination process, combat fraudulent trademark filings, cancel “deadwood” registrations for marks that are not used in commerce, add new procedures to challenge trademark applications and registrations, declutter the U.S. [...]
COPYRIGHT LAW UPDATE: Congress Passes CASE Act of 2020 To Create Copyright Small Claims Tribunal
By Stephen D. Wilson | December 22, 2020 On December 21, 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), as part of the Consolidated Appropriations Act, 2021. The CASE Act provides a voluntary small claims system to adjudicate copyright infringement claims that do not exceed $30,000. The CASE Act is intended to provide a lower-cost alternative to copyright infringement litigation in federal court. The Act directs the United States Copyright Office (USCO) to establish a new Copyright Claims Board (CCB) within one year of enactment (unless the Register of Copyrights extends the deadline for [...]
CARIBBEAN TRADEMARK UPDATE: Trinidad and Tobago Joins Madrid System
By Stephen D. Wilson | October 15, 2020 The Republic of Trinidad and Tobago has become the 107th member of the Madrid System for the International Registration of Marks (Madrid System). On October 12, 2020, Trinidad and Tobago deposited an instrument of accession to the Madrid Protocol with the World Intellectual Property Organization (WIPO), which will enter into force on January 12, 2021. The Madrid System is a trademark treaty that currently covers 123 countries (including the United States), representing more than 80% of world trade. The Madrid System is governed by the Madrid Agreement and the Protocol relating to [...]
SOUTHEAST ASIA IP UPDATE: Malaysia Joins Madrid System
By Stephen D. Wilson | October 30, 2019 On September 27, 2019, Malaysia joined an intellectual property (IP) treaty that will benefit U.S. brand owners who wish to protect trademark rights in Southeast Asia. Madrid System The Madrid System for the International Registration of Marks (Madrid System) is a trademark treaty that covers over 120 countries, representing more than 80% of world trade. The Madrid System is governed by the Madrid Agreement and the Protocol relating to that Agreement (Madrid Protocol). The Madrid Union is made up of Contracting Parties to the Madrid Agreement and the Madrid Protocol. Malaysia On [...]
Branding Considerations: Trademarks and the Spectrum of Distinctiveness
When choosing a brand name or slogan, an often-overlooked consideration is the strength of potential trademark protection. Whether a fresh-faced entrepreneur starting a new business or a seasoned marketing expert, anyone who creates a brand must contemplate the degree of protection afforded to that mark. To obtain protection under U.S. trademark laws, marks must be “distinctive” with respect to the goods or services for which they issue. Protectable and enforceable marks are either inherently distinctive or have acquired distinctiveness through secondary meaning. Below is the “spectrum of distinctiveness,” or levels of strength under U.S. trademark law, from strongest to weakest [...]