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…

An Interview with Expert Witness Ms. Rhonda Harper 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 an…

Avoiding Survey Daubert Challenges Survey standards are set forth in Fed. R. Evid. 702 and Fed. R. Evid. 403. Rule 702 which codifies the Daubert requirement for admissibility of scientific evidence. Rule 403 allows a…

Trademark Law Fundamentals What you need to know Table of Contents What is a trademark? What sources of law govern trademarks? What prerequisites must a mark satisfy in order to serve as a trademark? How…

Survey rebuttals can save your case Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid. But is it? Only a rebuttal…

Trademark Facts You Need to Know Directly from the USPTO USPTO “BASIC FACTS ABOUT TRADEMARKS” Booklet Now United States Patent and Trademark Office Download Now The United States Patent and Trademark Office (USPTO) is an…

Survey Standards Make sure to follow the rules Statistical methods can often estimate, to specified levels of accuracy, the characteristics of a “population” or “universe” of events, transactions, attitudes, or opinions by observing those characteristics…