LSIPR Quotes Robert J. Kenney on Federal Circuit Decision Regarding “Prevail” Trademark

BSKB partner Robert J. Kenney was quoted in a recent Life Sciences Intellectual Property Review article on the U.S. Court of Appeals for the Federal Circuit’s denial of a U.S. company’s bid to trademark “Prevail” for medical devices used to treat obesity. The U.S. Patent and Trademark Office was concerned that it was too similar to an existing registration for “Peek Prevail”, which covers surgical implants. Mr. Kenney stated “if the description of the registered goods is broad enough to cover the goods you’re applying for, you will have a problem overcoming the cited registration”.

Read the full article here.