Will my attorney let me know if my trademark receives an office action?

With the recent rise of luxury resale, we can also see increased counterfeit products, with fashion brands being a favourite target. As the trend is likely to continue in the upcoming years, the fashion industry faces an increased risk of facing even more losses due to fake luxury merchandise. How can fashion brands protect themselves and ensure cosumers are getting authentic product?

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.

Ford joins the ranks of internationally renowned companies that have made an entry into the NFT and Web3.0 space with new trademark registrations. The American car company filed 19 new trademark applications to cover virtual automobiles and online retail services. As more companies are getting involved with NFT projects, unique IP concerns are expected to follow soon.