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Distinctive Mark™Trademark News & Analysis

Commentary

Doctrine, practice and the business of marks: longer reads on what the Board and the courts are doing, and what to do about it.

Examination · AI at the USPTO

What the USPTO's AI does in trademark examination, and what it doesn't

In 2026 the Office automated classification, design coding and parts of search. It did not automate the decision to register. Here is what the record shows, what the data on examiner consistency say, and what figures would settle the open questions.

7 min read
Doctrine · Failure to function

Failure to function after Brunetti

The Federal Circuit did not abolish the refusal for widely used words and messages. It required the Board to say what standard it is applying. A field guide to what changed, what did not, and how to build the record now.

6 min read