Court Opinions Affecting PTO Trademark Practice: The Year in Review

Jeffrey M. Samuels, University of Akron School of Law
Linda B. Samuels

Abstract

During the past year, the courts and the Trademark Trial and Appeal Board issued a record number of significant precedential decisions impacting PTO trademark practice. Of particular significance were decisions relating to product design trade dress, the application of Section 2(a)'s “deceptive” and “disparage” provisions, and the registrability of a taste mark. The review also includes a discussion of a decision by a federal district court declaring invalid a provision of an appropriations bill relating to the mark LAST BEST PLACE.