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The top trademark trends in 2012 continued several themes from recent years including celebrity brand names and domain name developments. Other big news stories, like the election, also affected the trademark world. Here is a summary of the...
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This article provides a brief review of a new intellectual property enforcement plan released by an official of the United States government. The article also points to a disturbing trend of overenforcement of intellectual property rights and...
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Arnold Palmer was a famous golfer in the days before ESPN. His name has also been used to signify a beverage which is half iced tea and half lemonade. His name has been trademarked in the context of this drink; this article wonders...
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The unveiling of the list of applications for generic top-level domain names led to a flurry of activity as commentators parsed the contents of the list. This article takes a different tack and points to some of the most interesting names which...
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This article shares the recent work of an associate analyzing applications for new customized top-level domain names ("gTLDs"). The work is presented in the form of an embedded spreadsheet which presents a great deal of interesting information...
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This article shares the creative process behind the creation of a new business slogan and details how the new slogan fits into the overall branding of the business. It also goes through the steps taken to register the new slogan as a trademark...
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This article announces a new (free) tool which allows its users to track trademark applications and registrations with the USPTO. The article shares a link at which potential users can sign up for an account, and the functionality of the tool...
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This article represents part of the coda of the "Eat More Kale" trademark dispute between Chick-fil-A and a Vermont entrepreneur. The article shares information about a documentary being made about the entrepreneur behind the Eat More Kale...
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This article represents a chronicle of a fishing trip to rural Maine as told through trademarks. Important lessons to note from this article are that businesses can build their brand anywhere and through subtle means and that brands matter...
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This article shares two recently-encountered small business trademarks which demonstrate that the main thing you need to devise a great trademark is ingenuity. The article explains why the two trademarks so shared are so effective and also...
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Facebook's recent applications to register a trademark over their "Like" button and the "Like" word drew the attention of people who follow trademark filings. This article notes that the USPTO ultimately approved those applications, but points...
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A portmanteau is a combination of multiple words into one word. Alliteration is the repetition of the same or similar sounds in multiple words. This article explains how and why both of these English-language concepts can help you create...
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This article is the thirty-second entry in a series which shares trademark registrations recently obtained by clients. These are actual examples of trademark registrations, and are provided to demonstrate the types of brands and trademarks...
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This article points to a large number of intent-to-use trademark applications recently filed by Anheuser-Busch (the world-famous brewer) over airport codes. The applications--which are linked in the article--all claim that the company intends...
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This article reviews recent developments in a high-profile Trademark Trials and Appeals Board case which began in the late 1990s. The proceeding in question involves the National Football League's Washington Redskins; certain trademark...
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To commemorate the Memorial Day holiday, this article shares several trademarks based on the holiday. The trademarks so shared focus on memorials and organizations which honor American veterans, although the article does note one such trademark...
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In April, Apple filed intent to use trademark applications with the USPTO over two sounds. This article connects these applications with Apple's new "Siri" function, and notes that one of the sounds contained in the applications (a repeating...
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This article shares an offer which presents an opportunity to veteran-owned small businesses. It publicizes that up to 25 such veteran-owned businesses will be able to obtain pro bono trademark services, which will help them more...
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This article highlights several topics discussed by staff attorneys from the USPTO at a recent conference. The topics contain a number of facts about how these staff attorneys do their jobs, such as how and when they work, how the applications...
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This article follows up on a prior blog post which shared an application for a copyright registration. The application so shared has now been approved, so this article shares with the reader (and prospective copyright registrant) what a granted...
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This article shares a number of extremely valuable trademark resources made publicly available by the United States Patent and Trademark Office (USPTO). The article also divides these resources into categories and points out that this list is...
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Recently, trademark afficianados have been decrying a spate of "trademark scams," by which they mean services which ask owners of registered trademarks to pay for "services" of little or no value. This article shares a new instance of this...
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Although trial results are often more interesting to write about (and filled with more salacious details), the majority of lawsuits are actually settled outside of court. This article points out that trademark litigation is no exception to this...
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The NBA's Nets, long based out of New Jersey, are moving to Brooklyn. Along with the change in locale, the team is changing their logos to reflect their new digs. This article appraises the various new logos of the now Brooklyn Nets, and...
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This article shares the Powerpoint slides from a recent presentation on recent developments at the nexus of intellectual property law and the internet. Among the topics covered in the presentation are social media accounts, copyrights,...
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This article begins by pointing out that you cannot trademark something which is generic. However, as it points out, there are two ways to become generic--either from the beginning of the brand's life or through popular usage. The article...
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If you are in a trademark infringement lawsuit, can your opponent in that lawsuit file motions to discover details of settlement agreements around that trademark which you made with third parties? This article points to a recent Federal Circuit...
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Many attorneys will tell you that registering your trademarks with the USPTO entitles you to a host of benefits. This article highlights a new benefit to those who proactively build strong intellectual property portfolios; it explains how by...
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Many of us conjure a very particular image when we shut our eyes and think of an Etch-a-Sketch. That type of mental recall is part of what makes the Etch-a-Sketch brand name so strong. This article performs a more thorough analysis of the...
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As this article emphasizes, slogans, just like trademarks, can be registered with the USPTO and protected by intellectual property laws. To illustrate this point, the article shares several slogans for brands both famous and...
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The United States Trademark Registration Office has been called by many a "trademark scam." This article reiterates that viewpoint and applauds the actions of an Arizona intellectual property law firm which filed a complaint against the United...
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This article is the thirty-first entry in a series which shares trademark registrations recently obtained by clients. These are actual examples of trademark registrations, and are provided to demonstrate the types of brands and trademarks which...
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In commemoration of the centennial of the sinking of the Titanic, this article shares a number of trademarks associated with the historic ship. The trademarks included in this article involve everything from modern day efforts to either...
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The distinctive red-soled Louboutin women's designer shoe has recently been the subject of trademark litigation. In light of recent happenings in that lawsuit, and because non-traditional trademarks are generally illustrative of the breadth of...
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Many analogies illustrate the kinds of value diligent trademarking can add to your business. This article adds another analogy: trademarks are like protection from harmful solar rays. Why? How? This article explains how...
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This article celebrates the beginning of this year's National Cherry Blossom Festival by sharing a number of cherry blossom-related trademarks. Some of the trademarks highlighted by this article are owned by the festival's organizer, while...
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This article relates the USPTO's recent response to the United States Trademark Registration Office's allegedly misleading mailings to holdings of registered (and pending registered) trademarks. The article also provides the text of a warning...
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This article notes that the United States Trademark Registration Office has continued offering unsolicited trademark monitoring services of dubious value to trademark registration holders and applicants. The article highlights five details...
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What makes a trademark bully a bully and not merely an entity enforcing its lawful rights to protect its intellectual property? This article examines the distinction at the heart of this question, detailing common situations, tactics and...
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The overview of non-traditional trademarks continues with an analysis of whether UPS's image-building and trademarking campaign centered around the color brown. The article explains why trademarking a color, as UPS has successfully...
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This article continues a series demonstrating the breadth of trademarkable subject matter by highlighting more examples of non-traditional trademarks. Non-traditional trademarks reviewed in this particular article include airplane tail fins,...
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This article continues a series examining the breadth of trademarkable subject matter by focusing on trademarking makeup designs. As many fans of hard rock might expect, a great many of the trademarks filed for makeup designs are owned by the...
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This article continues a series demonstrating the breadth of trademarkable subject matter by focusing on various well-known audio trademarks. The article explains what sounds a business can and cannot trademark, and then it shares audio clips...
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This article points to the examples of several registrations of costumes and uniforms as a means of demonstrating the breadth of subjects over which your business can register trademarks. As the article explains, trademarks such as these may be...
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This article reviews a recent decision by the Federal Circuit overturning a TTAB finding that no likelihood of confusion exists between certain trademarks used by competing tire manufacturers. The article highlights the key points from the...
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This article shares details about (and an example of) a relatively less-well-known but often highly effective tool in the trademark process. As the article explains, a Letter of Protest (so capitalized because it has special meaning in the...
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This article continues a series in which a popular trademark's effectiveness is evaluated. This entry focuses on the Girl Scouts, with an emphasis on many trademarks used in their popular brands of cookies. The article explains why the...
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This article reviews the discussions at the most recent quarterly meeting of the Trademark Public Advisory Committee (TPAC), held at the offices of the USPTO. In this meeting, TPAC discussed many of the prominent topics in trademark law today...
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Anyone who has seen a registered trademark has probably seen the circled R; this is actually the American symbol for a registered trademark. Of course, just because the circled R is used in this fashion does not mean that your business can not...
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This article represents the thirtieth edition of a series which shares trademark registrations recently obtained by clients. The trademarks profiled in this entry of the series cover brands ranging from cosmetics to alcohol and many other...
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Although the saga of the LINSANITY trademark illustrates the extent to which trademark applications tend to follow pop culture, trademark registrations also track broader economic trends as well. This article reviews the numbers behind several...
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This article represents one of many decrying trademark scams; the issue of trademark registry (and similar) letters charging trademark holders money for no real benefit has incensed trademark lawyers across the country (to the point where one firm...
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This article highlights a recent trend concerning the interaction between viral social media memes and trademark disputes: specifically, social media is changing trademark disputes by swiftly drawing public attention to the case and (often)...
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Last week, the New York Times wrote an article about the increased importance of trademarks given the rise of the internet. As this article details, this was just one of a number of prominent news stories last week centering around...
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How did you choose your business's name? Each business owner has their own story, and each of their stories will result in a name tied to the product in a different way (if at all). This article recommends a particular approach to...
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This article reviews a recent decision by the Trademark Trial and Appeals Board in a trademark opposition concerning the COACH trademark. The article explains why the opposer's claims based on likelihood of confusion and dilution both...
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Although many trademarks which initially will leap to your mind are likely comprised of words and symbols, a large variety of other aspects of a product or service can be protected by a trademark. This article highlights some famous...
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Trademark filings have a habit of following pop culture; this has been a consistent modern theme. This article highlights yet another instance of the link between trademarks and pop culture. This link has to do with Jeremy Lin, the...
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One of the most prominent celebrity news stories of the last year was Charlie Sheen's contract dispute with CBS (and other assorted shenanigans). As often happens with pop culture fads, people filed trademarks on items related to his newsworthy...
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Can one trademark goats on a roof? If one can, what happens if someone opens a cancellation proceeding against that trademark? This article answers both of these questions with a review of the opinion in the trademark cancellation...
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This article highlights a House of Representatives subcommittee meeting which will focus on predatory litigation. The meeting might look into instances of trademark bullying, and this article will relate any news on this topic coming out of...
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This article (and accompanying video) warns business owners about trademark monitoring and trademark registry services which amount to little more than scams. As the article highlights, although these services appear official, they perform no...
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This video blog (and the article accompanying it) provide five steps which owners of brands should follow to strengthen their brands and maximize the legal protections available to those brands. The steps include registering trademarks with the...
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When you travel, you often see things which you've never seen before. Among these new visuals are trademarks; different countries, and even different parts of the same country, have different brands which play huge roles in locals' lives. ...
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Seeing a client grow into a successful business is a tremendously rewarding experience for an attorney. This article serves to brag about some of these clients, with explanations of what they do, links to some of their work, and links to their...
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The title of this article is moderately misleading, in that "nostalgia" implies something from the past making a momentary return to relevance. This year's Super Bowl featured many brands which have remained relevant, strong, and (therefore)...
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Super Bowl XLVI is a rematch between the New England Patriots and the New York Giants. As one would expect from such a brand-conscious league, there will also be a number of valuable and important trademarks on the field, both in and out of...
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The National Football League (NFL) has trademarks over several terms surrounding the Super Bowl which they enforce vigorously (to some, comically so). This article shares one creative attempt to get around the NFL's enforcement efforts by an...
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This article raises the possibility of trademark issues with spoof Twitter accounts. Many spoof Twitter accounts facially bear some connection to the subject of their parody, and, as this article notes, the element which makes the spoof a spoof...
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Should your business file a trademark registration to protect its name? What about its logo? This article addresses both questions, with advice regarding when and how you should protect your business's name and/or logo(s).
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This article is a presentation about several salient points surrounding the release of new top level domain. The presentation contains many very useful links detailing procedural points surrounding the new domains as well as information...
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This article analyzes the branding and trademark protection around Pinterest, a website and mobile app which has become quite popular in recent months. The article explains why the brand name is very strong, but highlights how the managers of...
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"Who dat" has been a rallying cry for the New Orleans Saints for quite some time--in fact, as this article notes, it has been a common phrase in the Big Easy for far longer. Although their season is over, this article examines trademark...
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When you register your trademark, that trademark application becomes a record available to the public. While this does put potential infringers on notice of your rights to the mark, it also gives certain firms a list of targets for...
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Muhammad Ali's boxing career is legendary; many still consider him to be the greatest boxer ever (in spite of a late-career fade). This article celebrates his birthday by highlighting several trademarks owned by Ali's business; much like many...
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One of the benefits of federal registration for your trademark is that the United States Department of Customs and Border Patrol will monitor for counterfeit goods bearing your trademark at border crossings. This article looks at the...
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A recent article highlighted many trademarks being filed based on the popularity and (relative) success of Denver Broncos' quarterback Tim Tebow. In light of the Broncos' recent high-profile playoff win over the Pittsburgh Steelers, many new...
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This article illustrates an important point about the variety of ways in which trademarks can be used. The article shares photographs from a recent ski trip which, due to the variety of equipment used in skiing, all have various brands and...
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Insurance industry titan State Farm has used the same version of its logo for more than 50 years, which amounts to over half of its life as a business. State Farm recently unveiled a new version of its logo, which effects a subtle change;...
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If this year's college football BCS Championship game were decided by trademark registrations, as opposed to student-athletes, Alabama would handily beat LSU. That is the conclusion of this article, which highlights registered trademarks...
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This article relates an interesting procedural move and court sanction in a trademark opposition case. As the article relates, the Trademark Trial and Appeals Board (TTAB) gave a party arguing in opposition to a trademark filing (Opposer) 15...
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Trademark filings with the USPTO are one gauge of economic activity. This article reviews trademark filing in 2011, and finds that trademark registrations increased year-over-year in 2011, almost reaching the level they attained at the peak of...
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The year 2012 already promises to feature several important events. As this article details, this makes 2012 a popular subject for trademark applications and registrations. This article highlights several notable trademarks relating to...
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This article highlights an important lesson: a trademark registration, provided the trademark covered by the registration continues to be used, can be renewed indefinitely. The vehicle by which the article makes this point is a...
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This article provides an update to an earlier article chronicling a rash of trademark applications seeking to take advantage of the "Occupy" movement, especially the "Occupy Wall Street" variation thereof. This updates the prior article by...
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This article continues a series which shares clients' recent trademark registrations. These registrations demonstrate the types of brands which entrepreneurs are currently seeking to build, the business sectors seeing new business activity, and...
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Tim Tebow was one of the most prominent college football players of the late 2000s at the University of Florida, and now, as the quarterback of the Denver Broncos, has been involved in several thrilling come-from-behind victories this season. ...
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This article provides an update to the ongoing registration of new .xxx domain names. Some companies chose to protect cybersquatters (or others) from using their corresponding .xxx names and trademarks; others did not. As the article...
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This article reviews the top trademark trends of 2011, based on news stories, filings, and (in some cases ongoing) litigation. The trends highlighted in this article involve celebrity trademarks (and trademark disputes), political trademarks,...
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The Florida Marlins have won two World Series in their existence, which spans less than 20 years. In spite of this, they remained notorious as one of baseball's poorest-drawing franchises. With a new stadium, the team tried to change...
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Trademark attorneys often educate their clients (and the general public) about trademarks and trademark policing issues; this is especially important for trademark attorneys who specialize in working with small businesses, as these businesses often...
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Livestand, by Yahoo, is designed as something of a magazine-reader iPad application. The name--Livestand--is the subject of this article, which examines whether Livestand has the makings of an effective brand name and also looks at...
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The .xxx top-level domain name recently became available. This article urges brand owners to use the pre-register .xxx domains corresponding to their brands in order to prevent others from tarnishing the brands they worked so hard to...
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Slogans, like logos, can be an important way to build an identifiable brand. As this article explains, the best slogans will stick in a potential customer's mind, but also communicate something about the brand--thereby building both brand...
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This article aims to give a small business owner or entrepreneur an idea of what filing for a trademark entails by sharing the trademark application for an affiliated blog which was recently launched. The article also highlights the...
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An earlier article entitled "Fifteen Questions to Ask Your Trademark Attorney" posed (as you would expect) fifteen questions a potential client should ask a trademark attorney prior to hiring that attorney. This article serves as a follow-up,...
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Google launched their foray into the browser market, Chrome, more than three years ago. However, Google's failure to protect their Chrome brand via trademark caused some consternation, as expressed in a prior article. This article updates...
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The Office, a popular sitcom, features a brand of paper called "Dunder Mifflin." Recently, Staples has begun selling Dunder Mifflin-branded paper via its online outlet. However, as this article observes, Staples is making several missteps...
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This article takes issue with an article by the U.S. Small Business Administration ("SBA") called Follow These Steps to Starting a Business. Although the SBA's piece did provide many useful suggestions, the critique of it put forth by this...
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In honor of Thanksgiving, this article looks at some trademarks registered to capture the holiday spirit. Trademarks profiled include food, football, parades, holiday-themed greeting cards, and, of course, John Madden's favorite holiday meal,...
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Paris Hilton is more than just famous--she is also the owner of many registered trademarks, which enable her to better capitalize (financially) on her fame. This article looks at the genesis of Ms. Hilton's trademark portfolio, and reviews each...
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You have a great idea for a business. It looks like it will make you a millionaire many times over. You also have a great idea for a brand name for that business, which will drive some of those millions you will be...
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The "Occupy Wall Street" movement is popularly perceived as being anti-corporate. As such, when someone tried to register a trademark for "Occupy Wall St.", it received a flurry of news coverage, for the irony if nothing else. This...
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Trademarks and logos are both essential parts of creating, building, and protecting your brand. In this article, a trademark lawyer shares some of his favorite logos, and explains why he both likes them so much and why he thinks they are so...
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This article documents a surge of trademark applications to the USPTO related to the "Occupy Wall Street" movement (as well as other demonstrations along the same lines). The article also highlights a useful distinction between ornamental use...
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This article calls attention to recent work done which illustrates the power of branding. According to a recent study, the average there year old is familiar with over 100 brands. Adults also display a tremendous amount of brand...
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This article commemorates the spirit of the holiday with a selection of paranormal-themed trademarks. These trademarks are important because holidays such as Halloween represent business opportunities, and protecting your idea is often...
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Fans of the St. Louis Cardinals and the Texas Rangers certainly watched Game Seven of this year's World Series closely (although Cardinals' fans will remember it more fondly than Rangers' fans). This article details some of the registered...
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Lawyers with large trademark practices see a lot of brand names and logos. As such, they have a unique insight into which brand names and logos are effective, and which are not. This article analyzes the name and logo of Groupon, which...
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The National Football League has designated October as "NFL Breast Cancer Awareness Month." The millions of Americans viewing these games see the teams' uniforms accented with pink. These pink ribbons and colors, designed to raise...
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The trademark dispute between Willa and Wella (a subsidiary of Proctor & Gamble) has been portrayed as a classic example of "trademark bullying" by publications as widely read as the New York Times. This article highlights the denouement to...
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Netflix recently announced the launch of--and even more recently announced the termination of--a new brand name (Qwikster) for its DVD service. The new brand met with widespread resistance and questioning. This article focuses on the...
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When you register a trademark, it can either go on the principal register or the supplemental register. The principal register confers stronger protection, but not every trademark registration will qualify for it. This article explains...
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There are many reasons to register a trademark--way more than ten. This article limits itself to ten of the best reasons to register your trademark, but there are many, many more.
- Summary by FizzLaw Team
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Section 7 applications allow trademark registrations to be amended in certain circumstances. This article shares a Section 7 amendment, first explaining the motivation behind the amendment, and then shares the application itself to give a...
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Although many articles talk about protecting your brand by registering your trademark, and point out the value-add a strong, well-protected brand, what they don't tell you is that trademark protection doesn't make your brand unique. ...
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This article uses Twitter as an indication of the perils of failing to register your trademarks promptly. By the time Twitter finally filed a trademark registration for their brand name (Twitter), the technology was already on the cusp of being...
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Heinz has come out with a new ketchup packet, the "Dip and Squeeze." Rather than being able to squeeze ketchup out of the packet onto your burger, plate or whatever else, it allows you the option of opening the packet and dipping your food into...
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Erik Pelton specializes in trademarks, but this article sheds some light on copyrights. Specifically, Mr. Pelton recently re-launched his firm's website, which included a great deal of new content. Here, he shares the application for...
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Every football fan, and most American non-football fans, know that the initials "NFL" stand for "National Football League." The league's footprint is ubiquitous, and its brand is strong. In this article, Erik Pelton highlights some of the...
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The media coverage of Hurricane Irene, and the subsequent flooding and other damage it caused along the east coast of the United States, brought it to the forefront of the nation's awareness. In this blog post, Erik Pelton points out how...
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Erik Pelton provides an update on Facebook's efforts to register trademarks around their "Like" button.
- Summary by FizzLaw Team
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Erik Pelton explains some of the business reasons why he provides so much free content in this blog post. He also explains why all the free content he provides does not cheapen the value of the trademarking advice which he provides to his...
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When college football fans think of Boise State, one of the first things which leaps to mind is their distinctive blue astroturf. When college football fans think of games played on blue turf, most will immediately think that the game is being...
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Erik Pelton primarily charges his clients a flat fee for matters on which he works. In this article, he highlights some of the advantages to this approach, and also points out some other features which make his practice both unique and...
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Trademarks come in different flavors, and in this blog post, Erik Pelton examines an alternative to the traditional trademark--in this case, a certification trademark. A certification trademark, as Mr. Pelton highlights, is used by people other...
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In this article, trademark lawyer Erik Pelton highlights some of the hottest trends in trademarks in 2010. Included in his analysis are the impact of social media on trademarks, the effects of major news stories on trademarks, and household...
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Registering your trademark(s) is important for protecting your brand from infringers. In order to register your trademark, though, you must submit a trademark application with the United States Patent and Trademark Office. In...
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If you don't protect your trademarks, your brand can become diluted to the public. Possibly worse, you can lose your legal right to some trademark law protections. As such, monitoring your trademark for potential infringement is of...
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Erik Pelton notes that just because you can file a trademark application by yourself (and to answer the question, yes you can), it doesn't follow that doing so is a good business move. Even though you will certainly have to pay some fee up...
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The TRUMP brand is licensed by Donald Trump (of whom you have probably heard). The brand itself is valuable, but not a guarantor of success. In this blog post, Erik Pelton observes that ventures which use the brand's name are running into...
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A regularly recurring feature on Erik Pelton's blog is an overview of recent trademarks his clients have received from the United States Patent and Trademark Office. This is the twenty-fourth installment of that feature.
- Summary by FizzLaw...
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Trademarks can cover a variety of methods of distinguishing the source of the services or products being offered. In this blog post, Erik Pelton explores one variety of these "non-traditional" trademarks--namely, lighting displays. Mr....
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In this article, Erik Pelton outlines some of the basics of copyrights as applicable to small business owners. First of all, Mr. Pelton helps you understand what a copyright actually is. He also delineates the rights which the copyright...
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In this article, Erik Pelton explains the advantages to registering your trademarks. Although you will have some rights to a trademark without going through the time and expense of registering your trademark, the rights are limited in many...
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Most lawyers who help business owners with trademark problems offer trademark searches as a service. In this brief article, Erik Pelton explains the methodology of trademark searches, and the types of problems they can help a small business...
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Erik Pelton answers three basic questions about trademarks in this article from his firm's website. First, he explains what, exactly, a trademark is. Then, Mr. Pelton outlines how patents differ from other forms of intellectual property...
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Don’t be afraid to spend on legal work that could save you fortunes and headaches later on, such as: properly forming a corporation; protecting intellectual property; or having an attorney review a contract.