Making Section 2(f) Claims: Demonstrating Acquired Distinctiveness
Leveraging Declarations, Establishing Use and Evidence of Secondary Meaning
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course 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.
Outline
- 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
Benefits
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?
Faculty
Matthew D. Asbell
Partner
Lippes Mathias
Mr. Asbell, a partner and member of Lippes Mathias’ intellectual property team, works comfortably and efficiently... | Read More
Mr. Asbell, a partner and member of Lippes Mathias’ intellectual property team, works comfortably and efficiently with clients in diverse industries. Mr. Asbell's passion for his work in intellectual property arises from a deep appreciation for creativity, whether in the form of invention, design, expression, or branding and marketing. He assists clients in clearing, obtaining, enforcing, and defending trademark, patent, design and copyrights in the United States and throughout the world, while also advising on domain names, social media and related issues. Mr. Asbell serves as an adjunct professor of law and frequent guest lecturer at Fordham University and The Benjamin N. Cardozo School of Law (Yeshiva University), and has taught at Columbia University and the Instituto Superior de Derecho y Economia (ISDE) in Madrid, Spain. He regularly mentors new lawyers and law students.
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Matthew L. Frisbee
Partner
Leason Ellis
Mr. Frisbee helps clients to develop tailored strategies for protecting and enforcing their brands in the U.S. and... | Read More
Mr. Frisbee helps clients to develop tailored strategies for protecting and enforcing their brands in the U.S. and around the world. He routinely guides clients from trademark selection and clearance through registration and beyond, emphasizing a pragmatic and strategic approach. Mr. Frisbee also counsels brand owners regarding the intersection of trade dress, copyright, and design patent laws to protect product designs. He represents clients in trademark and copyright disputes and enforcement efforts, including handling proceedings before the Trademark Trial and Appeal Board, managing multi-jurisdictional disputes, and negotiating settlement agreements. Mr. Frisbee’s transactional experience covers IP licensing, assignments, and due diligence. He serves on the International Trademark Association’s U.S. Patent and Trademark Office Committee, which advocates to the USPTO on behalf of the trademark community. Mr. Frisbee also regularly appears as a panelist on IP topics for CLE presentations hosted by Strafford and has written articles published in the INTA Bulletin and IP Watchdog.
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