The previously announced U.S. Patent & Trademark Rule requiring patent applicants, assignees, and owners who are not domiciled in the U.S. to be represented by a USPTO registered patent attorney or agent is entered in-force today, July 20, 2026. This policy is cited by the U.S. Department of Commerce as common with those already existent [...]

By Howard W. Kline As June 7th (“6/7 Day”) approaches, teachers across the U.S. are surely relieved it falls on a Sunday this year. For trademark attorneys, however, “67,” “six-seven,” and other viral phrases raise a different question: Can you actually claim exclusive rights in something everyone is saying?  A lot of people seem to [...]

By Howard W. Kline Over the past year, the USPTO deserves real credit for significantly reducing the pendency for examination of new trademark applications. Trademark applications are now examined around 4.4 months after the application filing date – a dramatic improvement from one year ago. Faster USPTO examination gives brand owners meaningful insight into registrability before the [...]

Frequently, prospective clients approach our firm seeking to register a trademark for the title of a single creative work. Unfortunately, the USPTO will not allow this because the title fails to function as a trademark.  Titles of single works are not registrable because they identify the specific work itself rather than acting as a source [...]

As Major League Baseball (“MLB”) Opening Day arrives, one MLB club has more than baseball on its mind. On December 29, 2025, the USPTO refused intent-to-use trademark applications for LAS VEGAS ATHLETICS and VEGAS ATHLETICS, on the basis that the trademarks are geographically descriptive. Furthermore, the Athletics baseball team’s claim of acquired distinctiveness based upon [...]