The Houston Comets are coming back to the WNBA in 2027. The @WNBA is currently fighting a trademark battle over ownership of the name. It's a fight the WNBA could have avoided.
linkedin.com/pulse/wnbas-hou…
All legal fees earned by Five Dogs Law ultimately go to Reggie, Mrs. Five Dogs Law, and the rest of the doggos.
Thinking about registering a trademark with the USPTO? Book a free consultation here: cal.com/five-dogs-law-jared/…
Happy Tuesday everyone.
Here's a dose of happiness to brighten your feed. It's Ralph, one of our six dogs, and me at sunset on a tropical beach.
I'm so grateful to be alive at a time when remote work is possible :)
A new post on the Five Dogs Law trademark blog breaks down In re Wilson Carter, an April 2026 TTAB decision affirming a likelihood of confusion refusal.
It explains the four arguments that didn't land and why a registration for a stylized version of the applicant's trademark that pre-dated the cited marks didn't save the application.
fivedogslaw.com/blog/in-re-w…
A great day at the beach for the doggos.
Make it a great day for your brand as well by booking a free consultation to discuss brand protection!
Book via fivedogslaw.com
Establishing relatedness between food products and restaurants for the purpose of a likelihood of confusion analysis requires "something more" than that evidence that similar marks are used for both.
TMEP § 1207.01(a)(ii)(A) addresses this directly and cases like In re Coors Brewing Co. explain the reasoning behind the rule. Nevertheless, there is some ambiguity as to what satisfies "something more."
The TTAB's opinion from In re Daily Harvest Café released earlier this month (April 2026) was labeled as non-precedential, but nevertheless helps clarify the "something more" requirement.
If you're applying to register a mark for a food product or restaurant, it's worth a read. Or, just read my blog post about it!
fivedogslaw.com/blog/food-pr…
The @ufc recently proved to be the BMFs of the TTAB, winning a trademark cancellation case by nonuse.
To the massive audience with an interest in both the UFC and the nuances of establishing use in commerce at Trademark Trial and Appeal Board cancellation proceedings: this blog post is for you.
fivedogslaw.com/blog/tradema…
Good news for anti-dentites! ...and also a lesson for anyone building a brand based on a professional credential.
A dental brand called "Made By Dentists" just got told by the USPTO that "made by dentists" is too descriptive to trademark.
The TTAB affirmed a disclaimer requirement last month, finding that when dentists design dental products and call them "made by dentists," consumers take that phrase at face value. It describes a characteristic of the goods, not a brand.
It was especially clear here because the company's own website and retail listings used the phrase (and synonymous phrases) in its ordinary descriptive sense.
I wrote up the case on the Five Dogs Law blog. The lesson for anyone building a brand is that if your name relies on a professional credential to signal quality, it's worth thinking through the descriptiveness question before you invest in it.
fivedogslaw.com/blog/made-by…
Happy Friday!
Here are some photos of Jackson, one of the dogs behind Five Dogs Law, to brighten up your day :)
Trademark applications are not just between the applicant and the USPTO.
Anyone who thinks registration would harm them can initiate formal legal proceedings to oppose it.
Here's a breakdown of the opposition process:
fivedogslaw.com/blog/ttab-op…
Somewhere out there is an author or performer wondering whether they can trademark their name, and on the off chance they end up on my timeline: I wrote this for you.
fivedogslaw.com/blog/tradema…
Filing a trademark application in the wrong name can void it entirely. Understanding which name to use isn't always simple.
New post on how trademark ownership works, why it matters before you file, and what is and is not correctable after the fact.
fivedogslaw.com/blog/who-own…
Pirates.
Naked.
Consent.
This is an absolutely wild story you need to hear...
...if you're a trademark owner in the process of negotiating a consent agreement with another trademark owner.
Here's an article I wrote on a recent TTAB decision explaining when a consent agreement is insufficient to overcome a likelihood of confusion refusal:
fivedogslaw.com/blog/gaspari…
Buying a business, restructuring, or moving a brand to your LLC? Whenever a trademark's legal owner changes, you need a formal assignment agreement.
Here's what you should know: fivedogslaw.com/blog/tradema…
Need help? DM or visit fivedogslaw.com to book a free consultation.
Why does the USPTO see a conflict when trademarks look different?
Similarity is not judged side-by-side. It's judged through the lens of imperfect memory.
Here's a guide to key legal principles the USPTO follows when assessing the similarity of marks:
fivedogslaw.com/blog/how-cou…
Shameless Self-Promo / 9:
If you have any trademark law needs, please DM me or reach out at [email protected] to schedule a free consultation. Thanks for reading my thread!
Also, here is a lengthier version of this thread in article form: lnkd.in/gsSvXwTU
6/9 But when the specimen was examined (just days after Trump took office), it was approved. Lucky!
Side note - I think this calls for some reform. USPTO employees should never be put in a position where they reasonably fear reprisal for refusing an application.
3/9 To show the USPTO that a trademark is in use in commerce, applicants need to submit a specimen (usually just a photo or screenshot).
DTTM (a Trump IP holding co) submitted screenshots from gettrumpsneakers.com.
You can see them here: shorturl.ad/wziRx







