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Shareholder Virginia Marino Quoted in World Trademark Review
Published By World Trademark Review
May 05, 2020

On May 5, 2020, Shareholder Virginia Marino was quoted in the article, "Trademarks take centre stage in historic US Supreme Court hearing," published by World Trademark Review. See below for excerpts from the article:

Yesterday, the US Supreme Court made history on two counts, by conducting its first teleconference hearing and by providing a live audio feed of the session, taking the public inside the proceedings process. That the hearing focused on a trademark case is noteworthy, with the court’s ruling set to bring clarity on the tests that should be used in distinguishing between generic and descriptive marks.

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The wait is now on for the decision, with Virginia Marino, shareholder at Brinks Gilson & Lione, noting that the court’s opinion should bring important clarity on the tests that should be used in distinguishing between generic and descriptive marks: “While both sides correctly mentioned that the primary significance test is codified only in a section of the Lanham Act dealing with cancellation actions, the USPTO’s own Trademark Manual of Examining Procedure states that the primary significance test is used in determining the registrability of potentially generic marks. The test does not incorporate a bright-line rule regarding specific terms that can never be registrable, but instead looks at the genus of goods/services at issue, and whether the relevant public understands the designation to primarily refer to that genus. While seemingly clear-cut, in recent years, most practitioners have perceived that the USPTO has expanded the range of marks that it considers to be generic terms, incapable of trademark protection. Trademark owners and practitioners should benefit from further guidance and clarity on this issue.”

See the full article at World Trademark Review.  

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