Linda McLeod’s unique experience makes her one of the most sought-after lawyers to handle cases before the Trademark Trial and Appeal Board (TTAB). During her years as a TTAB Administrative Trademark Judge and interlocutory attorney, Linda issued hundreds of decisions in opposition and cancellation proceedings and ex parte appeals from registration refusals. Linda also gained extensive trademark prosecution experience as an examining attorney at the U.S. Patent and Trademark Office (USPTO).
As lead counsel, Linda has prevailed on numerous opposition and cancellation proceedings before the TTAB and Court of Appeals for the Federal Circuit. She has extensive experience litigating cases through trial and under accelerated case resolution (ACR) before the TTAB. She has obtained favorable “fame” decisions for major brand owners, enhancing their future enforcement efforts. Linda has successfully negotiated worldwide trademark agreements resolving contentious proceedings in multiple jurisdictions.
Linda has received numerous accolades for her expertise. She is recognized as an “IP Star” by Managing Intellectual Property (2014–2022), and she was awarded “Best in Trademark” at Legal Media Group America’s Women in Business Law Awards (2012–2013). Linda is consistently ranked by the World Trademark Review, Guide to the World’s Leading Trademark Law Practitioners, and several other publications, as one of the top trademark lawyers for both contentious and non-contentious trademark matters. According to the Legal 500 U.S., clients say that Linda is a “very bright, skilled, strategic thinker…” who “provides exceptional advice.” In the World Trademark Review 1000, clients praise Linda for her “super skills” and “always being on top of the latest trademark law developments” in TTAB and USPTO matters. Linda was appointed by the Secretary of Commerce to serve as a member of the USPTO’s Trademark Public Advisory Committee (TPAC) (2011–2014). She is a member of INTA’s Trademark Office Practices Committee (2016–2019).
Before joining Kelly IP, Linda was a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP in Washington, D.C.
/Disney Enterprises Inc. v. United Trademark Holdings (Fed. Cir. and TTAB).
Linda McLeod was lead attorney handling a Federal Circuit appeal regarding Disney’s TINKER BELL and TINK brands. Disney opposed trademark applications for TEEN TINK & Design and TEEN TINKERBELL for “dolls” on the ground of likelihood of confusion. The TTAB sustained the opposition, holding that Disney’s TINK and TINKERBELL marks are inherently distinctive and protectable marks for dolls. UTH appealed that decision to the Federal Circuit. After oral argument, the Federal Circuit unanimously affirmed the TTAB’s decision in Disney’s favor, and rejected applicant’s asserted “public domain” defense and arguments challenging the distinctiveness of Disney’s TINKERBELL and TINK marks.
/Couture v. Playdom, Inc. (Fed. Cir. and TTAB).
Linda McLeod and David Kelly scored a victory before the Federal Circuit. In a precedential decision, the Federal Circuit affirmed the TTAB’s finding that appellant’s registration was void ab initio, and held that a mark is used in commerce for registration only when it is both used or displayed in the sale or advertising of the services, and the services are actually rendered under the mark.
/Amazon Technologies, Inc. v. Wax (Fed. Cir. and TTAB).
Successfully challenged an application to register AMAZON VENTURES for various investment and venture capital services under accelerated case resolution (ACR) before the TTAB and Court of Appeals for the Federal Circuit; earned ruling that both the AMAZON.COM and AMAZON marks are “famous for its services, and significantly so.”
/H-D Michigan, Inc. v. Broehm (TTAB).
Successfully litigated an opposition against the mark HOLY-DIVINESON and design for “hats; headwear; shirts; t-shirts” on the ground of likelihood of confusion with the HARLEY-DAVIDSON and HARLEY trademarks and Harley-Davidson’s BAR & SHIELD logo for, among other things, motorcycles, clothing, and headwear. This decision held that Harley-Davidson’s “bar and shield logo, regardless of wording and other matter, is itself a famous mark.…”
/Gap (Apparel) LLC v. Gap One Enterprises, LLC (TTAB).
Prevailed in opposition against GAP ONE mark for general merchandising services, namely, marketing on ground of likelihood of confusion with GAP marks for retail store services and clothing; achieved ruling that GAP trademarks are famous and thus entitled to a broad scope of protection.
/Recognized by World Trademark Review Global Leaders (2019-2021).
/Selected for inclusion in World Intellectual Property Review’s (WIPR) directory of “World IP Leaders.” (2016-2020).
/Recognized as “IP Star” by Managing Intellectual Property (2014-2022).
/Recommended trademark lawyer by The Legal 500 (2014-2021).
/Named in Managing Intellectual Property’s, Top 250 Women in IP (2013-2021).
/Ranked among top D.C. trademark lawyers for contentious and non-contentious work by World Trademark Review 1000 (2011-2022), with “Gold” status in both prosecution and litigation (2014-2015 and 2020-2022) and “Gold” status for prosecution and strategy (2014-2022).
/Recognized by Legal’s Finest for Trademark Law-USA (2014-2016).
/Recognized among the top trademark lawyers in the world in Legal Media Group’s 2016 edition of Expert Guides: Trademarks.
/Recognized among the “top legal practitioners” in trademark law in the United States in Legal Media Group’s 2014 edition of the Expert Guides: Guide to the World’s Leading Trade Mark Lawyers.
/Nominated “Best in Trademark” by Legal Media Group America’s Women in Business Law Awards (2014).
/Awarded “Best in Trademark” at Legal Media Group America’s Women in Business Law Awards (2012 – 2013).
/Ranked among top IP Layers by Washingtonian Magazine (2013).
/Ranked among top U.S. business lawyers in Legal Media Group’s Guide to the World’s Leading Women in Business Law (2010); and among the top U.S. trademark lawyers in the Guide to the World’s Leading Trademark Law Practitioners (2006, 2008, 2010, 2012).
/Consistently listed in The International Who’s Who of Trademark Lawyers and Who’s Who Legal: USA-Trademarks since 2009.
/AV® rated by Martindale-Hubbell.
/International Trademark Association (INTA), Trademark Office Practice Committee (2016-2019)
/U.S. Patent and Trademark Office, Trademark Public Advisory Committee (TPAC) (2011-2014)