Making Section 2(f) Claims: Demonstrating Acquired Distinctiveness
Leveraging Declarations, Establishing Use and Evidence of Secondary Meaning
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide trademark counsel in understanding how the courts and USPTO view the issue of acquired distinctiveness in support of a trademark application. The panel will outline approaches that work—and those that don’t work—in demonstrating acquired distinctiveness.
- What works and what doesn’t to demonstrate acquired distinctiveness
- Acquired distinctiveness
- How the courts are treating it
- How the TTAB is treating it
- Emerging issues related to genericness
- Best practices
The panel will review these and other relevant issues:
- What strategies have trademark applicants used to show acquired distinctiveness?
- How are the USPTO and the courts treating proffered evidence of acquired distinctiveness?
- What best practices should counsel employ to demonstrate acquired distinctiveness and obtain trademark protection?
Matthew D. Asbell
Ladas & Parry
Mr. Asbell assists clients in clearing, obtaining, enforcing, and defending trademark rights in the U.S. and throughout... | Read More
Mr. Asbell assists clients in clearing, obtaining, enforcing, and defending trademark rights in the U.S. and throughout the world. He also provides advice on patents, copyrights, domain names, and other related areas. He frequently collaborates on and authors articles on intellectual property on subjects ranging from social media and domain names to licensing, branding, and information technology. His certifications as a Social Media Strategist and Master Instructor equip him to handle complex intellectual property matters arising in the Web 2.0 space.Close
Matthew L. Frisbee
Mr. Frisbee assists clients with a variety of trademark matters, with an emphasis on U.S. trademark prosecution and... | Read More
Mr. Frisbee assists clients with a variety of trademark matters, with an emphasis on U.S. trademark prosecution and counseling. He routinely counsels clients regarding the availability and registration of trademarks, prosecutes trademark applications, and represents clients in domain name disputes and proceedings before the TTAB. In addition, Mr. Frisbee has experience drafting IP licenses, assignments and other agreements.Close
U.S. Patent and Trademark Office
Ms. Williston manages Trademark examination law office at the USPTO in support of the agency’s pendency, quality,... | Read More
Ms. Williston manages Trademark examination law office at the USPTO in support of the agency’s pendency, quality, and customer service goals. She routinely provides guidance on the most difficult examination questions, trains newly-hired examining attorneys and conducts quality review of the examining attorney’s Office Actions and the cases approved for publication in the Official Gazette. She also regularly presents to public at the USPTO’s Satellite Offices as part of the “Meet the Trademark Experts” series. Prior to joining Trademarks management, she was an Examining Attorney, where she researched configuration marks and trade dress, among other things.Close