Intellectual Property Blog2018-08-17T16:06:15+00:00

Intellectual Property Blog


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. [...]

By |January 12th, 2021|Categories: Intellectual Property|0 Comments

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 [...]

By |December 28th, 2020|Categories: Blog, Intellectual Property|0 Comments

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 [...]

By |October 23rd, 2020|Categories: Intellectual Property|0 Comments

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 [...]

By |October 30th, 2019|Categories: Intellectual Property|0 Comments

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 [...]

By |August 1st, 2019|Categories: Blog, Intellectual Property|0 Comments


The U.S. is a party to a number of intellectual property (IP) treaties.  These treaties help IP owners in the U.S. protect rights internationally, and help foreign IP owners to protect rights in the U.S. Madrid System One of these treaties is the Madrid System for the International Registration of Marks (Madrid System).  The Madrid System facilitates international trademark protection in numerous countries by providing a system for a trademark owner to obtain an international registration that has effect in each of the designated Contracting Parties who are members of the Madrid Union.  The Madrid System is governed by the [...]

By |July 31st, 2019|Categories: Intellectual Property|0 Comments
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