Erik K Pelton

MARCH 11, 2024

The following is an edited transcript of my video Measuring the Competition. There are a lot of trademark lawyers out there, and different firms can be a fit for different trademark owners depending on the client’s needs. If I were hiring a firm, Here are some things to consider. If one competitor is much cheaper than the average in the field, you might ask “Why would I choose the cheapest option if it’s not providing all of the same things that the other options might provide?

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Trademark Law Trademark Law Editing 130

Erik K Pelton

MARCH 4, 2024

The following is an edited transcript of my video Trademark Stories to Watch in 2024. The first big story I’m watching is USPTO fee changes and increases. The USPTO will be issuing a proposed rulemaking in the next few months, which will turn into a final rule that will lead to new fees. The timeline the USPTO has provided says that the new fees are likely to go into effect around the end of the fiscal year in the fall.

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Trademark Editing Branding Brands 130

Erik K Pelton

FEBRUARY 23, 2024

The following is an edited transcript of my video Top Trademark Trends of 2023. 2023 might be considered the busiest year in the world of trademark developments in a long time. The Supreme Court heard a trademark case involving a trademark application for the phrase “Trump too small”, that it has not yet ruled on. The case relates to First Amendment issues and whether the bar on trademark registration that features the name of an individual is valid. stay tuned in 2024 as the Supreme

Trademark 130

Trademark Registration Social Media Branding 130

Erik K Pelton

FEBRUARY 21, 2024

Erik provides updates on one of our most frequently asked questions about the trademark process in this video. The post Update on USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik provides updates on one of our most frequently asked questions about the trademark process in this video.

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Trademark 130

Erik K Pelton

FEBRUARY 17, 2024

The following is an edited transcript of my video 4 Tips for a TTAB Hearing. Know the rules in the Trademark Trial and Appeal Board (TTAB). The rules for evidence, the rules for the case, and the rules for the hearing. They’re very similar to the Federal Rules of Civil Procedure, but they have their own nuances and and it’s important to know what they are.

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Erik K Pelton

JANUARY 25, 2024

The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration Of all of these tips that I’ve given—probably hundreds over the years—there’s one that is far and away the most important when applying for trademark registration. And it’s simple. Even though I give away so much advice about trademark applications, office actions, and the registration process, the number one tip is to work with a trademark attorney.

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Registration Trademark Editing 130

Erik K Pelton

JANUARY 23, 2024

What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast. The post Trademark Stories to Watch in 2024 appeared first on Erik M Pelton & Associates, PLLC. What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast.

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Trademark 130

Erik K Pelton

JANUARY 16, 2024

Erik reviews the many perks of having a registered trademark in this podcast. The post 25 Benefits of Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik reviews the many perks of having a registered trademark in this podcast.

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Registration Trademark Registering Trademarks 130

Erik K Pelton

JANUARY 9, 2024

Proper evidence of use is important for every trademark application, and for clothing it can be particularly tricky. Erik shares tips in this video. The post Proper Evidence of Use for Clothing Trademarks appeared first on Erik M Pelton & Associates, PLLC. Proper evidence of use is important for every trademark application, and for clothing it can be particularly tricky.

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Trademark 130

Erik K Pelton

DECEMBER 28, 2023

The following is an edited transcript of my video Top Tips for Avoiding Trademark Scams No matter how many times I speak, post, and warn about them, scams are everywhere, and I get messages from people who are receiving scams almost every week. Tip #1 for avoiding trademark scams is know your registration renewal dates. Many scams try to get you to renew your trademark long before it’s even possible, so if you know the renewal dates, you can avoid those.

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Trademark Editing Registration 130

Erik K Pelton

DECEMBER 27, 2023

Erik wraps up a great 2023 at EMP&A in this special year-end episode. The post EMP&A Wrapped 2023 appeared first on Erik M Pelton & Associates, PLLC. Erik wraps up a great 2023 at EMP&A in this special year-end episode.

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Erik K Pelton

DECEMBER 20, 2023

Erik shares his annual roundup of this year’s top trademark trends in this podcast. The post Top Trademark Trends of 2023 appeared first on Erik M Pelton & Associates, PLLC. Erik shares his annual roundup of this year’s top trademark trends in this podcast.

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Trademark 130

Erik K Pelton

DECEMBER 13, 2023

Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast. The post All About the New USPTO Trademark Search System appeared first on Erik M Pelton & Associates, PLLC. Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast.

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Trademark 130

Erik K Pelton

DECEMBER 6, 2023

Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video. The post 2023 Word of the Year: Authentic appeared first on Erik M Pelton & Associates, PLLC. Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video.

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Trademark 130

Erik K Pelton

NOVEMBER 22, 2023

Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast. The post Trademark Lessons from Taylor Swift The Eras Tour appeared first on Erik M Pelton & Associates, PLLC. Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast.

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Trademark 130

Erik K Pelton

NOVEMBER 20, 2023

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 1. The Madrid Protocol system is a trademark filing mechanism created by a series of protocols and agreements providing a cost-effective and efficient solution to register your mark in more than one country by using a single application.

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Trademark Registration Intellectual Property Editing 130

Erik K Pelton

NOVEMBER 6, 2023

The Trademark Manual of Examining Procedure (TMEP) for new trademark applications contains a useful checklist which seems simple, but contains many layers and nuances, as Erik shares in this video. The post Trademark Application Checklist appeared first on Erik M Pelton & Associates, PLLC. The Trademark Manual of Examining Procedure (TMEP) for new trademark applications contains a useful checklist which seems simple, but contains many layers and nuances, as Erik shares in this video.

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Trademark 130

Erik K Pelton

OCTOBER 31, 2023

Bold brands are everywhere – you just have to look. Play along with our Bold Brand Bingo card at [link] The post Bold Brand Bingo appeared first on Erik M Pelton & Associates, PLLC. Bold brands are everywhere – you just have to look.

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Branding Brands Branding 130

Erik K Pelton

OCTOBER 16, 2023

The following is an edited transcript of our video Trademark Refusal: Genericness. Once you apply for a trademark at the USPTO, there are numerous grounds on which your mark can be refused registration, one of which is a claim that your mark is generic. Generic words typically refer specifically to a particular good or service, or a class of goods or services.

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Trademark Editing Branding Brands 130

Erik K Pelton

OCTOBER 10, 2023

Erik shares a new milestone for erikpelton.tv along with information on what you can find at our channel. Let us know what topics you would like to see more of in the comments! The post Celebrating 500 Videos at erikpelton.tv appeared first on Erik M Pelton & Associates, PLLC. Erik shares a new milestone for erikpelton.tv along with information on what you can find at our channel.

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Erik K Pelton

SEPTEMBER 21, 2023

The following is an edited transcript of our video The Importance of International Trademark Registration. We are often asked, “Why should I apply to register my trademark in other countries?” Most countries around the world have a first-to-file system, which means that you’re not required to show that you are using the mark in that country to be able to register your mark.

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Registration Trademark Editing Branding 130

Erik K Pelton

SEPTEMBER 19, 2023

Erik shares trademark industry-specific terminology in this video, and discusses the advantages to working with an experienced attorney who understands the nuances of the trademark language. The post Key Trademark Terminology appeared first on Erik M Pelton & Associates, PLLC. Erik shares trademark industry-specific terminology in this video, and discusses the advantages to working with an experienced attorney who understands the nuances of the trademark language.

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Trademark 130

Erik K Pelton

AUGUST 31, 2023

The following is an edited transcript of my video What Are the DuPont Factors in a Trademark Confusion Analysis? A topic that comes up all the time in our line of work is the DuPont factors, and the analysis of them. This famous case (called I n re E. I. DuPont DeNemours & Co. , from the Court of Patent Appeals in 1973, that then became known as the Court of Appeals for the Federal Circuit) laid out the factors for analyzing a likelihood of confusion in any comparison of trademarks at the US

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Trademark Editing Registration Marketing 130

Erik K Pelton

AUGUST 30, 2023

Erik shares key tips based on frequently asked questions our firm has received regarding TTAB hearings in this podcast. The post 4 Tips for a TTAB Hearing appeared first on Erik M Pelton & Associates, PLLC. Erik shares key tips based on frequently asked questions our firm has received regarding TTAB hearings in this podcast.

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Erik K Pelton

AUGUST 17, 2023

The following is an edited transcript of my video Filing Your Trademark Application Early: A Cautionary Tale. It’s very important to file your trademark for protection as early as possible for a variety of reasons. One reason is that USPTO takes a really long time, but more importantly, protection begins in many instances when the trademark application is filed, and so it can be a big difference filing now versus filing a year from now.

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Trademark Branding Brands Branding 130

Erik K Pelton

AUGUST 15, 2023

Scam alert from NTPS! This looks essentially identical to past scams, but with a new “name” from NTPS or ntp-register.com and a new address at 306 Exchange Blvd, Ste 400-17, Bethlehem, GA 30620. The offer asks for $1,450. The address appears to be a UPS Store. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.

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Trademark Reporting 130

Erik K Pelton

AUGUST 14, 2023

We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv ! The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. Take a look and subscribe on YouTube, and leave us a comment on your favorite one! We post at least one new video a week, usually more.

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Trademark Registration Litigation 130

Erik K Pelton

AUGUST 8, 2023

The following is an edited transcript of our video Protecting a Brand in the Amazon Brand Registry. Did you know that 70% of American adults shop through Amazon? That is why it is important to protect your brand on Amazon. The Amazon Brand Registry allows owners of a trademark to protect their goods from counterfeiters and those infringing on the brand.

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Branding Brands Branding Editing 130

Erik K Pelton

AUGUST 8, 2023

Electronic signatures are a standard procedure for online documents, including trademark documents. Erik discusses the unique method for signing a document at the USPTO in this video. The post How to Sign a Trademark Filing at the USPTO appeared first on Erik M Pelton & Associates, PLLC. Electronic signatures are a standard procedure for online documents, including trademark documents.

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Trademark 130

Erik K Pelton

JULY 26, 2023

Trademark scams continue to proliferate. This looks essentially identical to past scams, but with a new “name” from TMP and a new address at TMP Online Services, 31-07 31st Avenue, Unit 102, Astoria, NY 11106. The offer asks for $1280. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.

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Trademark Reporting 130

Erik K Pelton

JULY 25, 2023

In the kingdom of trademark protection, Taylor Swift is the reigning queen. Erik discusses Ms. Swift’s prolific portfolio of registered trademarks and savvy branding in this video. The post Taylor Swift’s Trademark Reputation appeared first on Erik M Pelton & Associates, PLLC. In the kingdom of trademark protection, Taylor Swift is the reigning queen.

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Trademark Registering Trademarks Branding Brands 130

Erik K Pelton

JULY 25, 2023

The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO). Erik explains what the TTAB is, the types of cases it handles, and how it functions in this podcast. The post What Is the TTAB? appeared first on Erik M Pelton & Associates, PLLC. The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO).

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Trademark Patent 130

Erik K Pelton

JULY 25, 2023

The following is an edited transcript of my video Will AI Change Trademarks? Let’s discuss artificial intelligence (AI) in general, and whether it’s going to affect and impact the world of trademarks, and filing and registering trademarks. Some of my attorney colleagues are up in arms, wondering if their jobs are going to be replaced by AI the next five years.

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Trademark Registering Trademarks Editing Art 130

Erik K Pelton

JULY 24, 2023

B-I-N-G-O … have fun with our new game board as you look for brands around you to try to complete the BINGO! The post Trademark Bingo appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Branding Brands Branding 130

Erik K Pelton

JULY 19, 2023

Erik is back with an update on the USPTO log jam, how it affects every step of the application process – but there seems to be a light at the end of the tunnel, as explained in this podcast. The post Update on the USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik is back with an update on the USPTO log jam, how it affects every step of the application process – but there seems to be a light at the end of the tunnel, as explained in this podcast.

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Trademark 130

Erik K Pelton

JULY 11, 2023

The following is an edited transcript of my video Data Demonstrates the Value of a Trademark Attorney. A recent study titled A Tale of Four Decades, Lessons from the USPTO Trademark Prosecution Data by Deborah Gerhardt and Jon Lee, dives deep into data from the USPTO and shows some of the history of relevant data about trademark applications and registrations over the last four decades (1981-2020).

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Trademark Journalism Editing Registration 100

Erik K Pelton

JULY 8, 2023

The following is an edited transcript of my video Why Some Trademarks Receive More Protection Than Others. Not all trademarks are created equal. Some are entitled to more protection than others. A trademark can be anything that indicates the source of a business’s products or services, and can include: words logos slogans colors sounds shapes (product or product packaging) building shapes Let’s focus on word marks and why some get more trademark protection.

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