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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, December 19, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide IP counsel on avoiding or overcoming potential roadblocks to trademark registration under Section 2(e) of the Lanham Act. The panel will discuss the descriptive, geographic, and surname requirements and offer best practices for overcoming descriptive, geographic, and surname refusals.

Faculty

Patrick J. Gallagher
Partner
Barnes & Thornburg

Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and management of domestic and international trademark portfolios. He also has significant experience assisting clients with trademark enforcement, opposition and cancellation proceedings; brand protection programs; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings (UDRPs); and trademark licensing. He provides tailored advice for handling IP issues involving social media; IP due diligence and IP licensing; copyright counseling, registration, protection and litigation; Digital Millennium Copyright Act (DMCA) notice and take down procedures; and domain name acquisition.

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Draeke H. Weseman
Of Counsel
Greenberg Traurig LLP

Mr. Weseman helps brands by applying his knowledge of trademark law, enhanced by years of experience, to complex trademark problems and communicating advice to clients simply, in plain language, with a focus on business outcomes.

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Description

Section 2(e) of the Lanham Act provides several potential obstacles to trademark registration. Whether a registration is refused because it is merely descriptive or misdescriptive, geographic, or a surname, trademark counsel must prepare for these potential hurdles when drafting the mark application or overcoming such refusals.

A showing of secondary meaning, public perception of a mark, or proving acquired distinctiveness can be the pathway to successful registration. However, there are many factors to consider when deciding the best way to respond to a refusal.

Listen as our authoritative panel examines the potential roadblocks to trademark registration under Section 2(e) of the Lanham Act. The panel will discuss the descriptive, geographic, and surname requirements and provide guidance on strategies for overcoming descriptive, geographic, and surname refusals.

Outline

  1. Descriptive, geographic, and surname requirements
  2. Lanham Act Section 2(e) potential roadblocks
  3. Overcoming descriptive, geographic, and surname refusals

Benefits

The panel will review these and other key issues:

  • What are some of the common errors that prevent a successful trademark registration?
  • What are the critical considerations for trademark counsel when responding to a refusal?
  • What other strategies should counsel implement to increase the likelihood of mark registration after a refusal?