United States: Trademark

As artificial intelligence systems become increasingly sophisticated in generating inventions, creative works, and commercial content, a fundamental legal question emerges: can AI itself hold intellectual property rights?

The USPTO has announced significant developments in patent examination procedures, including a new pre-order process for reexamination proceedings and AI-enhanced trademark search capabilities.

May is Small Business Month, and as businesses build momentum, protecting brand value becomes critical. Many growing companies assume basic steps like using TM symbols or registering an LLC provide adequate trademark protection...

When a consumer challenged a trademark registration for "RAPUNZEL" on grounds that the fairytale character's name belongs in the public domain, federal courts ruled she lacked standing to oppose it. The Supreme Court's denial of review settles a fundamental question about who can protect the public domain at the USPTO—and the answer excludes ordinary citizens, even when raising legitimate concerns about genericness and cultural heritage.

The Federal Circuit's decision in Teva v. Eli Lilly marks a significant shift in US patent law, bringing American practice closer to European standards for antibody treatment claims.

There have been reports of law firms receiving a wave of fraudulent emails impersonating the U.S. Patent and Trademark Office (USPTO). These emails target trademark applicants with urgent demands...

History is more than a record of what happened—it is a testing ground for how ideas are created, protected, shared, stolen, and commercialized.

The Court of Appeals of the Federal Circuit (CAFC) recently reaffirmed the standard used for design patent infringement analysis in Range of Motion Products, LLC v. Armaid Company Inc., Case No. 2023-2427 (Fed. Cir. Feb. 2, 2026).

For most companies (and trademark lawyers), Cuba is a someday problem. But someday problems in first-to-file countries have a way of becoming someone else’s mark.