Erik K Pelton

JULY 23, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 4: Spectrum of Marks. Let’s assume you have a list of creative and inspired names for your product or company. You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Before you do that, there’s another key consideration.

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Erik K Pelton

JULY 17, 2024

The USPTO has a wealth of great resources for the general public, and Erik recommends 25 of his favorites in this episode. The post 25 Great USPTO Resources appeared first on Erik M Pelton & Associates, PLLC. The USPTO has a wealth of great resources for the general public, and Erik recommends 25 of his favorites in this episode.

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Erik K Pelton

JULY 16, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 3: Bold Brands are Everywhere. Bold brands, great trademarks, memorable logos, and witty slogans are all around us. They can be found anywhere in any field of business. While it may take less effort or time to come up with a descriptive or common name for a business, such a name is a lost opportunity.

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Erik K Pelton

JULY 15, 2024

The following is an edited transcript of my video 5 Things I’ve Learned About Trademarks in 2023. I continue to learn new things about the world of trademarks – even after more than two decades in the field. Here are some of the highlights or recent things I’ve learned: The world of trademark continues to grow. There are more small businesses, more lawyers and trademark practitioners, and more trademark stories and disputes in the news than ever before.

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Erik K Pelton

JULY 10, 2024

Beware of latest scam from Worldwide Trademarks, Inc. aka Worldwide Trademarks at 447 Broadway, 2nd Floor, New York, NY 10013. The offer, for $2760, is for inclusion in a publication. A publication with no real value. I have never heard any trademark professional recommend inclusion in such a publication; nor any trademark professional use such a publication for any research.

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Erik K Pelton

JULY 10, 2024

In this episode, Erik breaks down the key differences between the supplemental and principal registers and what types of trademarks reside in each. The post What is the Supplemental Register of Trademarks? appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik breaks down the key differences between the supplemental and principal registers and what types of trademarks reside in each.

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Erik K Pelton

JULY 9, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 2: Bold Brand Building Tools. Coming up with a great name for a new business, product, or service can be quite difficult, even more so today than in the past since there are so many already out there, and because any business can go online and almost instantaneously be considered a national or international company.

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Erik K Pelton

JULY 8, 2024

The following is an edited transcript of my video What is the TTAB? The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office made up of more than 20 administrative judges who primarily decide two types of cases: appeals of final refusals (ex parte appeals) or inter partes cases, which are generally oppositions to pending applications or cancellations of existing registrations.

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Erik K Pelton

JULY 2, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. They are the sum parts of a company and the customer’s relationship with its products or services. When consumers form a relationship to a brand, the relationship focuses not just on the product or service, but also on quality reliability, the consumer’s perception of what the business represents and

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Erik K Pelton

JULY 1, 2024

The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. An author can register the same phrase or words for other products or services that they may provide.

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Erik K Pelton

JUNE 26, 2024

From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode. The post Liquid Death: Bold Branding Example appeared first on Erik M Pelton & Associates, PLLC. From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode.

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Erik K Pelton

JUNE 11, 2024

A client forwarded me a recent letter about renewing their trademark registration from Trademark Renewal Services with an address at 1229 Chestnut Street, Front 1 #449 Philadelphia, PA 19107 See the image of their mailing below. The document could easily be mistaken as coming from the government – the name, the look and feel of the document, the registration number.

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Erik K Pelton

JUNE 10, 2024

I recently sat down with Alt Legal to make a short video about the history of TESS and the transition to the newer search system from the USPTO: For more, see [link]. The post Why does the USPTO have a new trademark search system appeared first on Erik M Pelton & Associates, PLLC.

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Erik K Pelton

JUNE 6, 2024

The following is an edited transcript of my video 5 Trademark Lessons from Ted Lasso. I loved the showed Ted Lasso, with its great story lines, acting, and cheerful presence. Here are five trademark lessons we can apply from the show: If you’ve seen Ted Lasso, you’ve seen the Believe poster in the locker room. Believe is important for the trademark process because trademarks are both an art and a science, so you have to have some belief when you’re building a brand that youR

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Erik K Pelton

JUNE 4, 2024

Erik shares 25 key terms to know if you are involved in a Trademark Trial and Appeal Board matter in this episode. The post 25 TTAB Tips appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 key terms to know if you are involved in a Trademark Trial and Appeal Board matter in this episode.

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Erik K Pelton

JUNE 3, 2024

I recent sat down with Alt Legal to share best practices for searching trademark designs or logos with the new USPTO search system. Watch below: For more, see [link] The post Tips for searching logos and design trademarks at the USPTO appeared first on Erik M Pelton & Associates, PLLC.

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Erik K Pelton

MAY 28, 2024

The post How Long Does a Trademark Last? appeared first on Erik M Pelton & Associates, PLLC.

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Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: PTO–T–2022–0034 Comments of Erik M. Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed.

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Erik K Pelton

MAY 21, 2024

There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode. Learn more at erikpelton.com/resources/ The post 25 Key Trademark Terms appeared first on Erik M Pelton & Associates, PLLC. There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode.

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Erik K Pelton

MAY 6, 2024

The following is an edited transcript of my video What is Trade Secret Protection? There are numerous different types of intellectual property, such as trademarks, copyrights, and patents. Another type of intellectual property is trade secrets, such as the formula for Coca-Cola, or the original recipe for Kentucky Fried Chicken. These examples of intellectual property are protected because they have been kept secret, which makes them different from trademarks, copyrights, and patents in several

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Erik K Pelton

APRIL 30, 2024

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

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Erik K Pelton

APRIL 23, 2024

Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series. The post 25 Tips When Brainstorming a New Name appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series.

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Erik K Pelton

APRIL 22, 2024

The following is an edited transcript of my video 25 Benefits of Trademark Registration. It allows the owner to use the ® symbol, which conveys a brand’s status and helps ward off Infringers. You appear in the USPTO database, so when other brands are searching and clearing new names, it helps avoid conflicts. By being in the database, examiners will automatically block any conflicting application for a similar name, similar goods and services, and likely to cause confusion.

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Erik K Pelton

APRIL 16, 2024

Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.

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Erik K Pelton

APRIL 11, 2024

We recognize that business owners have a choice when it comes to protecting their brand and who they hire to work with them. We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.

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Erik K Pelton

APRIL 9, 2024

Erik shares 25+ ways to use your trademark in this episode as we celebrate our 25th year with the 25 series. The post 25 Ways to Use Your Trademark appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25+ ways to use your trademark in this episode as we celebrate our 25th year with the 25 series.

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Erik K Pelton

MARCH 27, 2024

Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode. The post 25 Examples of Non Traditional Trademarks appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode.

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Erik K Pelton

MARCH 26, 2024

A recent r eport from the United States Government Accountability Office detailed the need for better handling of the fraudulent trademark filings at the USPTO. The report, which was sent to the judiciary committees of the House and Senate, as well as the Secretary Commerce, notes that the GAO recommends “improving USPTO’s fraud risk management to help address the problem” of registrations that “may include false or inaccurate claims and could be fraudulent.

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Erik K Pelton

MARCH 25, 2024

The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. Have you seen The Eras Tour, live or on video? It is a tremendous show and performance. I found five takeaways for brand owners. Many elements go into making something great. Great songs, great voice, great connection with the audience, great charisma, great performance, great production—a lot of elements that go into it.

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Erik K Pelton

MARCH 20, 2024

Erik shares insights on how lawyers can benefit from content creation in this episode. The post 10 Reasons Why Lawyers Should Create Content appeared first on Erik M Pelton & Associates, PLLC. Erik shares insights on how lawyers can benefit from content creation in this episode.

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Erik K Pelton

MARCH 18, 2024

The following is an edited transcript of my video Key Trademark Terminology. I find it fascinating when I’m in somebody else’s place of business and I’ll hear words that might have a meaning to me, but I know that they’re using them in a way that’s specific to their work and their industry. At the dentist office or at the auto shop, they’re using vocabulary terms to talk about their work that don’t resonate with me because I don’t know anything abo

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Erik K Pelton

MARCH 13, 2024

Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast. The post 25 Great Slogans appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast.

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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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Erik K Pelton

MARCH 10, 2024

The following is an edited transcript of my video Proper Evidence of Use for Clothing Trademarks. In any application to register a trademark at the USPTO, it’s important to have the proper type of evidence to support, use, and register the trademark—whether it’s a name, a logo, or a slogan. This is most complicated, believe it or not, when it comes to clothing.

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Erik K Pelton

MARCH 5, 2024

Erik explains how a TTAB discovery conference works inside the process of a trademark opposition or cancellation proceeding. The post What is a TTAB Discovery Conference? appeared first on Erik M Pelton & Associates, PLLC. Erik explains how a TTAB discovery conference works inside the process of a trademark opposition or cancellation proceeding.

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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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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

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