• Posts by Michael J Berkowitz
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    With over 25 years of experience concentrating in the practice of intellectual property, Michael employs a meticulous, balanced approach in helping clients achieve their strategic intellectual property objectives. His ...

Trademark Modernization Act of 2020 Provides New Tools for Removing Deadwood Trademark Registrations from the Trademark Register

Under US law, to obtain a trademark registration, an Applicant must demonstrate a bona fide use of the mark in the ordinary course of trade. In recent years, there has been a dramatic increase in trademark applications that falsely claim a bona fide use in trade. As a result, the United States Patent and Trademark Office (“USPTO”) has been issuing and maintaining registrations for trademarks that should never have issued. When such fraudulent registrations remain on the Trademark Register, they block the legitimate efforts of businesses to launch new trademarks into the ... Read More ›

Trademarks function to identify the source or origin of products or services and distinguish them from the products or services of others. On the other hand, generic terms are used by consumers to refer to a type of product or service that cannot function or be registered as a trademark. For example, one cannot register COMPUTER as a trademark for laptops and personal computers. Likewise, one cannot register “APPLE” to identify a fruit (as opposed to “APPLE” to identify computer technology).

However, what if a generic term is combined with “.com” or another top-level ... Read More ›

Businesses rely upon color for a variety of purposes. For example, colors may provide ornamentation, or may serve to allow a product to blend in with its surroundings (camouflage for hunting gear) or indicate a product’s flavor (yellow for lemon). Importantly, colors can serve as trademarks, but only if they function as a source identifier.

While colors are not included within the statutory definition of trademarks, since 1985, singular colors and color combinations can be trademarked as part of a product, package or service, if, like any other trademark, they serve a source ... Read More ›

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