During 2000, the U.S. Court of Appeals for the Federal Circuit and the Trademark Trial and Appeal Board decided a number of important cases affecting trademark law. The Federal Circuit published an unusually high number of trademark cases, many of which fleshed out the new standard of review of the PTO's factual findings in trademark disputes. At the same time, the Board issued several interesting decisions regarding “surname” refusals and had occasion to apply, for the first time, the Supreme Court's decision in Wal-Mart. Trademark attorneys desirous of withdrawing from representing a client before the PTO can take heart in a decision from the Office of the Commissioner revising the agency's policy with respect to such withdrawals.
Recent Court Opinions Affecting USPTO Trademark Practice: The Year in ReviewJournal of the Patent and Trademark Office Society (2001)
Citation InformationJeffrey M. Samuels and Linda B. Samuels, Recent Court Opinions Affecting USPTO Trademark Practice: The Year in Review, 83 Journal of the Patent and Trademark Office Society 619 (2001).