IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Brands 97

Brands Branding Branding Trademark 97

Erik K Pelton

AUGUST 16, 2021

The following is a transcript of my video Big Businesses Need Trademark Protection; Small Businesses Need It Even More. Over the last 20 years, I have been so incredibly blessed to work with thousands of small businesses. The vast majority of my clients have been small businesses. They can crush small businesses.

Business 173

Business Trademark Branding Brands 173

Erik K Pelton

AUGUST 26, 2021

Big businesses need trademark protection; small businesses need it even more. A small business can be crushed by a trademark dispute, or a rebranding. Trademark protection costs money, but the benefits far outweigh the costs. If you are a small business, can you afford not to protect your brand?

Business 173

Business Trademark Branding Brands 173

Erik K Pelton

APRIL 25, 2022

The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I still use TM4SMALLBIZ from time to time in my branding. But we rebranded to Erik M.

Brands 147

Brands Branding Branding Trademark 147

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. Brand names are at the core of a brand’s persona. Be creative. Send a message.

Branding 130

Branding Brands Branding Editing 130

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.

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Trademark Branding Brands Branding 263

JD Supra Law

JULY 1, 2024

Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status. By: Sunstein LLP

Trademark Law 97

Trademark Law Branding Brands Branding 97

Erik K Pelton

SEPTEMBER 3, 2024

Protecting your trademark now to potentially block, stop, or avoid future infringement is extremely valuable. A trademark registration is an important tool in seeking to enforce rights against someone cybersquatting on a domain name (a Uniform Domain- Name Dispute-Resolution Policy (UDRP) domain name complaint).

Registration 130

Registration Trademark Social Media Branding 130

JD Supra Law

SEPTEMBER 6, 2024

Building a strong and distinctive brand identity for your business is crucial for driving sales, fostering consumer loyalty, and standing out in any industry, and more so for emerging and rapidly evolving sectors such as cannabis and psychedelics. Trademarks are essential for protecting your brand's name, logo, and overall image.

Branding 63

Branding Brands Branding Trademark 63

Erik K Pelton

JANUARY 3, 2024

Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast. The post Trademark Lawyers Have Trademarks Too appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130

Trademark Brands Branding Branding 130

Erik K Pelton

DECEMBER 19, 2022

The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I love a great meal, I love supporting small local businesses, and I have a connection to the restaurant industry: my wife and my brother-in-law own two restaurants. I’ve seen firsthand the power of protecting a restaurant brand.

Registration 299

Registration Trademark Social Media Branding 299

Erik K Pelton

DECEMBER 21, 2021

Building strong and protected brand names begins with developing creative names. In this episode Erik reveals several tips for brainstorming brand names and trademarks. The post Tips for Brainstorming New Business and Brand Names appeared first on Erik M Pelton & Associates, PLLC.

Branding 113

Branding Brands Branding Business 113

JD Supra Law

JULY 3, 2024

Creating new business and product names, designs, and logos is a daunting task to those looking to launch develop their brands. In addition to wanting something memorable and appealing, trademark attorneys recommend avoiding existing words or phrases in order to create something unique and distinctive within the relevant marketplace.

Brands 73

Brands Branding Branding Business 73

Erik K Pelton

AUGUST 6, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business.

Trademark 130

Trademark Cease and Desist Registering Trademarks Registration 130

Erik K Pelton

AUGUST 24, 2020

It’s really hard for me to think of a situation where a business would have too many trademarks. I’ve worked with many clients over the years who have significant portfolios of several dozen or more trademark registrations. Each of those is one trademark. The post Can a brand have too many trademarks?

Branding 130

Branding Brands Branding Trademark 130

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.

Trademark 130

Trademark Intellectual Property Business Branding 130

Erik K Pelton

JANUARY 4, 2024

The following is an edited transcript of my video When Two Identical Brand Names Coexist People often have the mistaken impression that a trademark has to be completely unique in the universe. What they do with exercise and bicycles has nothing to do with what I do for legal services and trademarks.

Brands 130

Brands Branding Branding Editing 130

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.

Registering Trademarks 130

Registering Trademarks Trademark Registration Branding 130

Erik K Pelton

SEPTEMBER 17, 2024

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” Does your practice handle other types of cases, or is it focused on trademarks? How many trademarks have you registered?

Trademark 130

Trademark Registering Trademarks Editing Trademark Law 130

Erik K Pelton

JUNE 6, 2024

The following is an edited transcript of my video 5 Trademark Lessons from Ted Lasso. 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. In the world of trademarks, underdogs can succeed just as much. Underdogs can succeed.

Trademark 130

Trademark Registration Branding Brands 130

Olartemoure Blog

MARCH 22, 2024

On January 17th, 2024, Brand Finance presented its Global 500 2024 Report, highlighting the importance of trademarks as intangible assets of companies, allowing their owners to enhance their business value and potentially fuel renewed growth.

Brands 52

Brands Branding Branding Trademark 52

JD Supra Law

MARCH 3, 2023

A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. Businesses should consider seeking trademark registrations to protect their brands against unauthorized use by others, but also because a registered trademark can add credibility to your brand.

Branding 55

Branding Brands Branding Business 55

Erik K Pelton

JANUARY 25, 2022

Erik breaks down the various categories of bold brand names and explains how they can help create a strong brand and more protected business. For more trademark tips, visit www.buildingaboldbrand.com. The post Building a Bold Brand Wheel: 8 Types of Bold Brand Names appeared first on Erik M Pelton & Associates, PLLC.

Brands 130

Brands Branding Branding Business 130

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 have insurance on the building, and on my business and property. What does this have to do with trademarks?!? For all of these reasons, trademark registration at the U.S.

Registration 147

Registration Branding Brands Branding 147

Erik K Pelton

SEPTEMBER 12, 2023

The following is an edited transcript of my video 5 Free Ways to Strengthen Your Brand. Here are five free things that any business can do to strengthen their brand. No matter how long your brand has been around, whether you have a hundred customers or a million customers, you can do these things. It doesn’t matter.

Branding 130

Branding Brands Branding Social Media 130

Erik K Pelton

JANUARY 2, 2023

The following is an edited transcript of my video 3 Steps to Protect Your Brand in the New Year. Protecting your brand has tremendous benefits for your business, and there are three things in particular to focus on at the beginning of the year and ensure that you are protected. Look at how you’re using your brands.

Branding 147

Branding Brands Branding Copyright Notice 147

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. You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Some brands and trademarks are entitled to greater protection than others.

Trademark 130

Trademark Branding Brands Branding 130

Erik K Pelton

MARCH 25, 2024

The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. I found five takeaways for brand owners. And a trademark application has a lot of elements that go into it: the drawing, the description of goods and services, the dates of use, the evidence of use, the ownership.

Trademark 130

Trademark Branding Brands Branding 130

Erik K Pelton

JULY 30, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 5: Searching for Conflicts. Only an attorney can really assess whether another name or use is confusingly similar or presents a trademark protection problem. There are a variety of types of trademark searches. This is called Common Law Rights.

Trademark 130

Trademark Branding Brands Branding 130

Erik K Pelton

APRIL 7, 2021

More and more businesses are using Amazon to sell their products. In this segment, Erik discusses some of these recent changes made by Amazon, and the impact for trademark applicants and registrants seeking to use the Brand Registry to promote their products. More and more businesses are using Amazon to sell their products.

Branding 100

Branding Brands Branding Trademark 100

Erik K Pelton

JUNE 7, 2022

Formula1 offers several brand and trademark lessons for businesses, as Erik explains based on his recent trip to race. The post Branding Lessons from Formula1 appeared first on Erik M Pelton & Associates, PLLC.

Branding 113

Branding Brands Branding Business 113

azrights

JUNE 27, 2023

Or growing your business to sell? Do you: Know what ‘brand’ means and signifies to the value of your business? Have the knowledge and skills in Brand IP and branding to be your own brand manager? The changed 21st century business environment makes this an imperative. Why brand management?

Branding 52

Branding Brands Branding Business 52

Erik K Pelton

NOVEMBER 5, 2021

The following is an edited transcript of my video, What Is a Brand Style Guide. A style guide is a wonderful asset for any brand that has grown beyond just one name or one logo to a portfolio of marks and logos and slogans. The guide also shares more about the other elements of our brand that might be used.

Branding 182

Branding Brands Branding Social Media 182

Erik K Pelton

MARCH 21, 2022

The following is an edited transcript of my video How to Water Your Brand for Growth. I talk about my lack of green thumb, because it relates to so much of my branding, where I use sunflowers and plantings as metaphors, and I use the tagline, Making Trademarks Bloom Since 1999. Those five things are: Solid trademark protection.

Branding 147

Branding Brands Branding Social Media 147

Erik K Pelton

OCTOBER 6, 2020

The following is an excerpt from my book, Building a Bold Brand. Trademark registration with the United States Patent and Trademark. as low as $225, and the resulting trademark registration provides a. show both employees and customers the brand’s value and. In the sale of a business, a. your brand.

Business 130

Business Cease and Desist Trademark Registering Trademarks 130

Erik K Pelton

SEPTEMBER 30, 2021

The following is an edited transcript of my video, Is Your Brand Seaworthy? Is your brand seaworthy? You’ll see what I’m talking about with my comparison of trademark and brand protection to a strong ship navigating the ocean waters. A boat also needs a sturdy, solid hull.

Branding 147

Branding Brands Branding Registration 147

JD Supra Law

JULY 19, 2024

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify the origin of a product or service, which can build brand loyalty and trust.

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Trademark Business Service Mark Branding 63