(精选)【医学英文课件】 This Webcast Will Begin Shortly教学课件.pptVIP

This Webcast Will Begin Shortly;Recent Developments in Trademark and Unfair Competition LawSeptember 27, 2016Presented By:Ted DavisKilpatrick Townsend Stockton LLPTDavis@KilpatrickTownsend;Highlights of the Trailing Fifteen Months;No trademark ... shall be refused registration ... on account of its nature unless the mark ... [c]onsists of or comprises immoral, ... or scandalous matter; or matter which may disparage ... persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. ;A petition to cancel a registration of a mark ... may ... be filed ... [a]t any time if the ... registration was obtained ... contrary to the provisions of ... [Section 2(a)] ....;The PTO must consider the mark in the context of the marketplace as applied to the goods described in the application for registration. In addition, whether the mark consists of or comprises scandalous matter must be determined from the standpoint of a substantial composite of the general public (although not necessarily a majority), and in the context of contemporary attitudes, keeping in mind changes in social mores and sensitivities.; 1) what is the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods or services, and the manner in which the mark is used in the marketplace in connection with the goods or services; and 2) if that meaning is found to refer to identifiable persons, institutions, beliefs or national symbols, whether that meaning may be disparaging to a substantial composite of the referenced group.;Constitutional Issues:The First Amendment;In re Tam, 808 F.3d 1321(Fed. Cir. 2015) (en banc) ;[I]t is clear that the PTO’s refusal to register appellant’s mark does not affect his right to use it. No conduct is proscribed, and no tangible form of expression is suppressed. Consequently, appellant’s Firs