The Trademark Trial and Appeal Board (TTAB) is a neutral body that functions like a court for trademark matters at the United States Patent and Trademark Office (USPTO). TTAB’s trademark judges are authorized to determine…

Sometimes the USPTO refuses to register trademarks based on it likelihood to cause confusion in the market. The United States Patent and Trademark Office (USPTO) may be required to refuse registration of a mark on…

Consumer Surveys aren’t required, but can be helpful. “Courts have continually utilized surveys to show evidence of secondary meaning, generieness, dilution, and functionality in trademark litigation.” – The John Marshall Review of Intellectual Property Law,…

Assessing Consumer Confusion Can Be Confusing First, are consumers confused as to which is the senior user of the mark? Forward confusion occurs when consumers believe that the goods or services of a junior user…

What does it take to be an expert witness? Ms. Rhonda Harper shares how she became an Expert Witness and what it takes to be successful in this exclusive interview. Q How did you become…