Trademark filers are familiar with the “balaclava problem”. When I say the “balaclava problem” I mean the many US trademark registrations in which the listing of identified goods or services in a particular trademark class is a listing of all possible goods or services in that class. The USPTO has launched two recent initiatives which are intended to try to fight the “balaclava problem”. This blog article discusses one of the initiatives and the next blog article discusses the second of the initiatives.
Let’s first give a real-life illustration of the “balaclava problem”. As an example consider the 721 items of goods in class 25 (clothing) for this application, which is presently pending before the USPTO: Continue reading “USPTO tackling the “balaclava problem” (part 1)”