Alt Legal Blog
News, updates and guidance about acquired distinctiveness
Latest Blog Posts
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Failure to Function – Informational Matters, Widely Used Messages, and Religious Text
If an applied-for mark mostly or exclusively conveys information about a product or service, the mark is considered merely informational matter and will be refused based ...
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Turning the Page: Dotcom Trademark Registrations Following Booking.com
After the landmark Booking.com case before the US Supreme Court, it is now possible to register generic.com domain names as trademarks. However, it can be tricky to achie...
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How to Respond to Section 2(e)(4) Surname Refusals: A Video Q&A with IP Attorney John Miranda
Surname refusals are on the rise with the USPTO. As a result of trademark clutter and depletion, trademark applicants are simply running out of eligible trademarks to cho...
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Q&A With David Postolski: Responding to Generic and Descriptive Office Actions
Following our webinar with David Postolski, Who You Calling Generic?: Responsing to Generic and Descriptive Office Actions, we received a number of questions from our aud...
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Alt Legal IP News – Issue #221
If year-end retrospectives are your thing, here are The Fashion Law's favorite reads from 2020, the EFF's list of "bad takedowns" from 2020, and IP Watchdog's list of top...
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What’s Your Major Malfunction?: Breaking Down the USPTO’s Strange New Breed of Failure to Function Refusals
The past several years have seen significant developments in the practice and procedure of the USPTO's trademark examination corps. Between the U.S. counsel rule, stricte...
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