Erik K Pelton

SEPTEMBER 2, 2022

I like to have visual aids when explaining topics, so I came up with the cheat sheet below for new brands to go through the basic steps for trademark protection and for building a bold brand. For more information about that, search our website for anything about brainstorming tips or the spectrum of trademarks.

Branding 147

Branding Brands Branding Social Media 147

Erik K Pelton

MARCH 7, 2022

The following is an edited transcript of my video Key Trademark Search Terms. This set off an alert in my brain, because I had been looking for the perfect metaphor to describe the different types of trademark searches and the language around them. And that is what, in my mind, a comprehensive trademark search is.

Trademark 182

Trademark Editing Law 182

Erik K Pelton

MAY 6, 2024

There are numerous different types of intellectual property, such as trademarks, copyrights, and patents. An example is some of the algorithm that Google uses to build its search results, which has been kept secret to keep it away from competitors and to keep people from trying to game the algorithm and the system.

Intellectual Property 130

Intellectual Property Confidentiality Editing Business 130

Erik K Pelton

NOVEMBER 4, 2022

Think about suffixes, prefixes and syllables, and not entire words. Think about ones that might help resonate a message about your business and about your brand, and what you’re trying to convey to the consumer. But when you know what they do, they strongly suggest something about it. What’s possible?

Branding 189

Branding Brands Branding Business 189

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

Erik K Pelton

APRIL 22, 2024

The following is an edited transcript of my video 25 Benefits of Trademark Registration. You appear in the USPTO database, so when other brands are searching and clearing new names, it helps avoid conflicts. The ability to record a registered trademark with US Customs and Border Patrol, who can block and screen at the ports of entry.

Registering Trademarks 130

Registering Trademarks Trademark Registration Branding 130

Erik K Pelton

JULY 26, 2022

The following is an edited transcript of my video Trademark Applications: What You See vs. What You Don’t. What I mean is that for every trademark that got developed and applied for, someone or some business had to choose a creative name. It isn’t magic to apply for and get a trademark application.

Trademark 147

Trademark Editing Blogging Law 147

Erik K Pelton

DECEMBER 24, 2020

The following is an edited transcript of my video All About Trademark Searches. Searching for trademark conflicts is one of the most important things about the practice and protection of trademarks and brands. So a common law search is valuable for that reason.

Trademark 130

Trademark Law Branding Brands 130

Erik K Pelton

JULY 26, 2021

The following is a transcript of my video Three Mistakes That Can Sink Any Trademark Application. I’ve working with thousands of trademark applications that I have filed clients and, before that, as an examiner at the USPTO. So over 20 plus years, I have absorbed a lot of the common patterns in trademark applications.

Trademark 182

Trademark Art Branding Brands 182

Erik K Pelton

SEPTEMBER 20, 2021

In the past, I’ve talked about some of the ways to keep a trademark strong over time, and some of the things that brand owners must do with their trademarks even after they’re registered. And the way that you monitor for these things is to search in a variety of ways.

Trademark 147

Trademark Social Media Branding Brands 147

Erik K Pelton

DECEMBER 19, 2022

The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I’ve been blessed to work with filing more than 200 trademark applications for restaurant services. I’m fortunate because I get to work with ones who understand the value of protecting their name and registering it as a trademark.

Registration 299

Registration Trademark Social Media Branding 299

Erik K Pelton

APRIL 4, 2022

The following is an edited transcript of my video The 5 Most Common Trademark Application Mistakes and How to Fix Them. The first and foremost mistake made by many trademark applicants is not properly searching before filing. The way to fix this is to ensure that a thorough search is done before a trademark application is filed.

Trademark 147

Trademark Branding Brands Branding 147

Erik K Pelton

SEPTEMBER 13, 2021

The following is a transcript of my video Improving the Odds for Your Trademark Application. I get asked a very challenging question all the time “What are the chances do you think this will get through, this will get approved, when we apply for a trademark at the Patent and Trademark Office?”

Trademark 147

Trademark Patent Law 147

Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. In case you’re not that familiar with it, it’s the 100 meters, the long jump, the shot put, the high jump, the 400 meters, the 110 meter hurdles, the 1500 meters (which is about a mile), the pole vault, the javelin and the discus throw.

Trademark 147

Trademark Cease and Desist Branding Brands 147

Erik K Pelton

MAY 6, 2021

In the past, you’ve heard me talk about some of the ways to keep a trademark strong over time and some of the things that brand owners must do with their trademarks even after they’re registered. The first tip for monitoring is to search the USPTO records. It doesn’t have to take a lot of time.

Trademark 130

Trademark Social Media Branding Brands 130

Erik K Pelton

JULY 1, 2023

Use the proper symbol for your trademark. We have plenty more resources about which symbol to use and how and where available on our website. Register your brand as usernames on social media platforms , even if you never intend to use your brand at all on any platform. If you don’t, you can use TM or SM.

Branding 147

Branding Brands Branding Social Media 147

Erik K Pelton

SEPTEMBER 12, 2023

Use the proper symbol for your trademark. For more about that, check out this video on style guides , which can help with consistency and other tips about using your trademarks. Maybe you never intend to use your brand at all on any platform. You can search online. If you don’t, you can use TM or SM.

Branding 130

Branding Brands Branding Social Media 130

Erik K Pelton

JULY 6, 2021

The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. Trademark registration is like a vaccine to protect your brand from harms and dangers and risks, because when we get vaccinated, we’re boosting our immune system. I actually heard a friend of mine yesterday refer to it as half-cinated.

Registration 242

Registration Trademark Branding Brands 242

Erik K Pelton

AUGUST 19, 2022

The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. There is a very well-known quote from Benjamin Franklin about an ounce of prevention being worth a pound of cure. This statement is really true when it comes to trademarks.

Trademark 147

Trademark Social Media Branding Brands 147

Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Strong candidates will have coursework or other experience in the field of trademarks and intellectual property. Applications will be accepted through January 24, 2022.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Branding 231

Erik K Pelton

NOVEMBER 20, 2022

The following is an edited transcript of my video The Benefits of Trademark Monitoring. Trademark monitoring is a tremendous tool in the toolkit for brand owners. Traditionally, big, established, wealthy brands found out about all the things out there that might be problems with their trademarks by paying for monitoring services.

Trademark 147

Trademark Branding Brands Branding 147

Erik K Pelton

MAY 30, 2022

30The following is a transcript of my video Red Flags for Any Trademark Application. Trends on social media move so quickly, but this one has lingered, and it’s about red flags. This is a perfect analogy for trademark filings, because we see warnings or red flags all the time. Patent & Trademark Office.

Trademark 147

Trademark Social Media Branding Brands 147

Erik K Pelton

OCTOBER 16, 2021

I get asked all the time, “What are the key things I need to know to make my brand successful, to make my trademark successful and protected?” START thinking about brand protection from the beginning. Have I searched it? ” All of these things. CLEARANCE search. Is it unique in the industry?

Branding 147

Branding Brands Branding Social Media 147

Erik K Pelton

NOVEMBER 1, 2021

The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. I will never forget this day about two years ago, because it was one of the biggest panic attacks that I’ve ever had, and I think you’ll understand why as this story unfolds. Oh my gosh.”

Registration 147

Registration Branding Brands Branding 147

Erik K Pelton

FEBRUARY 20, 2022

The following is an edited transcript of my video How NOT to Protect Your Trademark. Having recorded dozens of episodes on how best to protect a brand and a trademark, I thought it would be fun to share my tips on how not to protect your trademark (sarcastically, of course). And don’t worry about if anybody copies it.

Trademark 130

Trademark Branding Brands Branding 130

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 77

Trademark Advertising Advertising False Advertising 77

TorrentFreak

SEPTEMBER 3, 2023

In recent years there has been a lot of discussion about the effectiveness of the system but it remains standard practice. In a response to the US Patent and Trademark Office’s (USPTO) inquiry about future anti-piracy strategies and policies, Google stresses that the availability of legal content is key.

Reporting 119

Reporting Copyright Music Advertising 119

Erik K Pelton

JUNE 29, 2022

The following is an edited transcript of my video What Information Becomes Public in a Trademark Application? An important topic that I get asked about frequently is, “What information from my trademark filing will be public?” We’ll get to the good side of that. So those are the risks and the cautions.

Trademark 147

Trademark Editing Ownership Registration 147

Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

Registration 147

Registration Trademark Registering Trademarks Branding 147

SpicyIP

MAY 30, 2023

The Principles In principle, Section 9(1)(a) of the Trademarks Act prohibits registration of marks that are devoid of any distinctive character i.e. not capable of distinguishing the goods of one from that of others. However, the Trademarks Act is not clear on the type of comparison that the examiner has to undertake.

Trademark 98

Trademark Registration Law IP 98

Erik K Pelton

OCTOBER 28, 2022

The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. What about album names or song names? But every situation is unique, and that is why it’s good to work with an expert.

Trademark 147

Trademark Music Social Media Branding 147

Erik K Pelton

SEPTEMBER 9, 2022

The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically. But this last element moving to the cloud still is a change.

Registration 147

Registration Trademark Copying Branding 147

Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

Trademark 105

Trademark Branding Brands Branding 105

Erik K Pelton

AUGUST 10, 2020

Over the years I’ve worked on thousands of trademark applications. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. First is conducting a search before apply.

Trademark 130

Trademark Ownership Social Media Editing 130

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? Some math: if Allied paid $10 for each click–an extremely high CPC–the total economic value of the ads at issue is about $1k.

Advertising 102

Advertising Advertising False Advertising Trademark 102

Technology & Marketing Law Blog

MAY 13, 2023

Some of Bye, Goff’s keyword ads: I would like to know more about why Bye, Goff titled the ads this way. However, note that Nicolet Law, a surname, isn’t registered with the USPTO and there may be questions about its secondary meaning. Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Law 90

Law Advertising Advertising False Advertising 90

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

Trademark 97

Trademark Registration Graphic Design Designs 97