Category: Trademarks

Posted on

It’s time to get in your numbers for the 2025 toteboards

Hello readers.  It is now 2026 and this means it is time to get in your numbers for the 2025 toteboards:

The goal is to recognize and rank law firms in the US based upon the numbers of US design patents, US utility patents, US plant patents, and US trademark registrations each firm obtained for clients in 2025.

The questionnaires will close on Friday, February 13, 2026.

Here is a page suggesting how you might obtain these numbers.

Every year after I post the results of the toteboards, I get sad emails from firms that want me to accept their numbers late.  This would, of course, typically result in kicking other firms down in the rankings — other firms that got their numbers in on time.  Please help to reduce the number of such sad emails that I will receive this year.  Maybe you are a person at your firm who is responsible for getting these numbers in.  If so, please get your numbers in!  Otherwise, please forward this blog posting to somebody at your firm to make sure that somebody at your firm gets the numbers in for your firm.

You can see the previous toteboards here, going back to the earliest toteboard in 2012.

Posted on

Over 3000 trademark registrations likely soon to be stricken from the Register

The USPTO has issued a show-cause order dated January 27, 2026 which you can see here.  The order has an Exhibit A listing 3361 trademark applications.  The order sets a thirty-day period (ending on February 26, 2026) in which an applicant in any one of the applications will be permitted to attempt to show cause why the application ought not to be brought to an end.  (Most of the listed applications have a status of “registered”, in which case the action taken by the USPTO will be to strike the registration from the Register.)

Posted on

Should the listserv member click on the link? Is it spearphishing?

Oppedahl Patent Law Firm LLC (“OPLF”) sponsors many listservs (email discussion groups for intellectual property professionals, here is a list of them), some with over a thousand members.   In recent days, hundreds of members of the listservs have started to receive email messages that prompted questions, such as:

I received an email, and I need to know whether it is a phishing hack.  If it’s legitimate, I will respond accordingly.

Another listserv member responded:

Got same thing yesterday.  Is real.  The question is why.

What do these emails mean?  Why are the listserv members receiving the emails?  How should listserv members respond?  In this blog posting, I try to answer these questions.  Continue reading “Should the listserv member click on the link? Is it spearphishing?”

Posted on

Listservs seem to be back in service

Hello listserv colleagues!  I think the listservs are more or less back in service.  But for about 30% of our listserv members, the member’s email service provider (ESP) is blocking our postings as spam.  If you are in that 30%, I urge you to direct your ESP to stop the blocking.  This may include whitelisting the new IP address or speaking frankly with your ESP.

And if you posted anything to any of the listservs since about December 21, I am sorry to say you will probably need to repost it.

It took a lot of my professional time to deal with this.  And the hosting service will cost a bit more in perpetuity.  I will gladly receive donations to help support this, as detailed below.

Details follow.  Continue reading “Listservs seem to be back in service”

Posted on

Learning to guess outcomes of appeals of 2d refusals

the TTABlog - keeping tabs on the TTABThanks to John L. Welch’s hundreds of blog articles about 2d refusals, I have gotten to the point where sometimes I can guess correctly the outcome of an ex parte appeal of a 2d refusal.  The alert reader might ask:

    • What is a “2d refusal”?
    • Why would it be interesting to try to guess “the outcome of an ex parte appeal of a 2d refusal”?
    • How might it be that hundreds of blog articles by John L. Welch might lead to a situation in which sometimes I can guess the outcome of such an appeal?
    • And, what can be said of John L. Welch’s extraordinary contributions to the trademark community through his blog?  Continue reading “Learning to guess outcomes of appeals of 2d refusals”
Posted on

Why all trademark practitioners need to know about BIMI

BIMI logoDo you or your trademark client ever find that your outbound email to somebody ends up in their spam folder?  Do you or your trademark client ever find that your outbound email to a recipient gets wrongly bounced as “suspected spam” or gets silently discarded by the recipient’s email service provider?

There’s a chance that BIMI, which draws upon a registered trademark of the sender of an email message, might help a little with these problems.  What is BIMI?  What must an email sender do to get BIMI to work?

Continue reading “Why all trademark practitioners need to know about BIMI”

Posted on

Reduction In Force at the USPTO

An article just now in The Guardian says:

In a memo seen by the Guardian, the US Patent and Trademark Office (USPTO) announced a “reduction in force” (RIF) program of layoffs at the agency on Wednesday, the first reported agency to do so.

“Approximately one percent of the USPTO workforce will be affected by this RIF,” wrote Valencia Martin Wallace, acting commissioner for the USPTO, wrote to employees at the agency. The USPTO did not respond to a request for comment