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Practice notes and watch

News

Practice notes and a short public-record watch of federal trademark suits, TTAB proceedings, and UK or foreign office matters. Allegations stay labeled as allegations.

UK / foreign

LexisNexis reports the UKIPO invalidated GPT and ChatGPT marks

UK and foreign: LexisNexis IP reporting dated 22 September 2026 says the UK Intellectual Property Office invalidated the GPT and ChatGPT trade marks and rejected OpenAI's opposition to ChainGPT, treating GPT as descriptive for AI software. This note follows that report.

TTAB

Philip Morris cancellation: the TTAB denied a tribal-immunity summary judgment motion

On September 18, 2026, the Trademark Trial and Appeal Board denied the defendants' summary-judgment motion in Cancellation No. 92063134. Bloomberg and Law360 report a first-impression ruling that tribal sovereign immunity does not bar a TTAB challenge to a federal registration. This is not a final cancellation.

Federal court

Crocs sues Five Below over clog trade dress: complaint allegations only

Crocs and Jibbitz sued Five Below in the District of Colorado on September 18, 2026. The complaint alleges that clogs, charms, and a clog-shaped purse infringe Crocs trade dress and related patents. Those are allegations, not findings.

Federal court

New Balance sues Decathlon over a KIPRUN logo: complaint allegations

New Balance Athletics sued Decathlon in the District of Massachusetts on September 15, 2026, case 1:26-cv-14235. The complaint alleges that a KIPRUN logo is likely to be confused with New Balance's N mark and pleads Lanham Act claims. These are allegations in a newly filed suit, not findings.

TTAB

TTAB sustains the Cielo opposition to O EL CIELO VALLE DE GUADALUPE

On September 3, 2026, the Trademark Trial and Appeal Board sustained Opposition No. 91287216. The TTABlog reports that decision as precedential, and reports that the Board found O EL CIELO VALLE DE GUADALUPE for wine likely to be confused with CIELO for wines.

TTAB

TTAB affirms a functionality refusal of green tripod legs

On August 25, 2026, the Trademark Trial and Appeal Board affirmed a functionality refusal of the color green as applied to the legs of construction and surveyor tripods. The application is Serial No. 98404066, In re Dave White's SitePro. The opinion states that it is not a precedent of the TTAB.

USPTO practice

USPTO representation tightened: foreign-domiciled filers need U.S. counsel

If your domicile is outside the United States, the United States Patent and Trademark Office requires a U.S.-licensed attorney on your trademark work. That rule has been in force since August 3, 2019, and it is still the one that catches people off guard.