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IPO DAILY NEWS™

Wednesday, February 22, 2012

* * Trademark Filing Date Was Improper Cutoff for Evidence Regarding Substantially Exclusive Use

Coach Services, Inc. v. Triumph Learning LLC 11-1129 -- On February 21 in an opinion by Judge O’Malley, the Federal Circuit reversed a USPTO finding that Triumph’s trademark had acquired secondary meaning and remanded the case. Triumph sought registration for COACH for use with test preparation goods and services. Coach Services, owner of the COACH trademark for use with luxury handbags, wallets, and related goods, opposed the registration on the basis that the trademark was merely descriptive. The USPTO agreed, but found that the term had acquired secondary meaning through substantially exclusive and continuous use. Read More...

LAW/ADVOCACY UPDATES

USPTO IS FUNDED THROUGH SEPTEMBER -- On November 17, 2011, the U.S. Congress passed an appropriations bill, containing full fiscal year 2012 funding for the USPTO.  IPO hailed passage as the solution to the USPTO’s funding problems through September 30, 2012, which is when the government’s fiscal year ends.  The bill allows the USPTO to spend at least $2.7 billion of fee collections in 2012, up from about $2.1 billion in 2001.  (Latest unofficial estimates are that 2012 fee collections will be somewhat less than $2.7 billion.  The agency can spend only what it collects.)  Click here for more information on USPTO funding or here to view IPO’s chart showing the history of fees withheld from the USPTO.

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