Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark.  Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.”   After a…

This week marks five years since the USPTO implemented its Requirement of U.S. Licensed Attorney for Trademark Applicants and Registrants.  Also known as the “U.S. Counsel Rule”,  the USPTO on August 2, 2019 amended parts 2, 7, and 11 of Title 37 to require any non-U.S. domiciled trademark applicant, registrant, or party to a…

The world of intellectual property law is buzzing with questions and commentary regarding the practicality and ethics of using artificial intelligence to aid the practice of law before the USPTO.  As I addressed in a prior blog post, some of the concerns are much ado about nothing. However, one question previously left unanswered was…

In the past year, I have seen an increase in questions related to artificial intelligence.  Specifically, patent and trademark lawyers have asked whether it is permissible for those lawyers engaged in practice before the USPTO to use Generative AI.  While I have and continue to present on this topic multiple times, including (here),…