USPTO Archives - Law Office of Barbara I Berschler

What Works as “Proof of Use in Commerce” for Trademark Registration with the USPTO?

Frequently my clients are puzzled as to what kind of specimen to submit to the USPTO when trying to prove their “ bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.” 15 USC §1127. A big question to resolve...

Is there a “Proof of Use in Commerce” Test for Purposes of Proving Trademark Infringement?

Lanham Act, Trademarks, USPTO

The Federal Circuit in Versatop Support Systems v. Georgia Expo (2018), examined another aspect of the “proof of use in commerce” requirement in federal trademark law under the Lanham Act. Unlike the conclusion it reached in the Simy Corp case that I...

USPTO To Increase Trademark Filing And Other Fees

Service Marks, Trademarks, USPTO

On May 27, 2016, the United States Patent and Trademark Office (“USPTO”) published in the Federal Register a Notice of Proposed Rulemaking to adjust trademark fees [Notice]. If all goes as planned, the fee adjustments will be effective in January...

What Works as “Proof of Use in Commerce” for Trademark Registration with the USPTO?

Is there a “Proof of Use in Commerce” Test for Purposes of Proving Trademark Infringement?

USPTO To Increase Trademark Filing And Other Fees

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