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?”

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Trademark Patent Law 147

Erik K Pelton

MARCH 27, 2023

The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. If your application came along after that, you have to pay a small fee to get the presentation copy.

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Copying Registration Trademark Editing 147

Erik K Pelton

MAY 30, 2023

The following is an edited transcript of my video “ 5 Things Yoga Taught Me About Trademarks “ Lately, I’ve been trying to get back into a routine of practicing yoga, at least once a week. Because I’m such a trademark-focused person, I want to share five things that yoga has taught me about trademarks.

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Trademark Branding Brands Branding 130

Erik K Pelton

MARCH 9, 2021

The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process. First, there’s a legal cost to not being properly protected: you can’t as easily stop someone else.

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Cease and Desist Trademark Social Media Branding 130

Intellectual Property Law Blog

FEBRUARY 21, 2024

Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. This duty of disclosure is a serious one: deliberately withholding material information from the USPTO can result in an invalid and unenforceable patent. On February 13, 2024, the U.S. 101 and 115.

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Patent Trademark Blog

FEBRUARY 14, 2024

How do you register a logo trademark? Need to register a logo trademark? Here is a helpful resource on how to get started in registering a logo trademark with the USPTO. Need to trademark your logo? Want peace of mind knowing that your trademark application was filed properly with minimal risk of delay?

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Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. And I think you’ll see what I’m talking about with these examples.

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Erik K Pelton

APRIL 10, 2023

Maybe you remember these from elementary school—I know I do. I want to apply that to copyright registration Who can register a copyright? The simple answer is the owner of the copyright, but that can be more complicated than it seems, particularly if there’s an appointment relationship or other contractual relationship.

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Registration Copyright Intellectual Property Editing 162

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. Once you have an established, protected brand, there are benefits to staying on top of it and dealing with any infringement that might come up as quickly as possible.

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Trademark Branding Brands Branding 147

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. This statement is really true when it comes to trademarks. Yes, it takes some time and money to protect a trademark upfront. Why is it so valuable to do that?

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Trademark Social Media Branding Brands 147

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. More details on the fee proposal can be found on the USPTO website here. Thank for you for the opportunity to speak today. I’m Erik Pelton, the founder of Erik M.

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Business Trademark Registration Inventor 130

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. The lesson from all of this is that all businesses need trademark protection. Of course, big businesses benefit from trademark protection. They file dozens, if not hundreds, of trademark filings every year.

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Business Trademark Branding Brands 173

Erik K Pelton

FEBRUARY 13, 2023

The following is an edited transcript of my video What is the Trademark Public Advisory Committee (TPAC)? The Trademark Public Advisory Committee (TPAC) is a public committee commissioned by the USPTO that helps advise and give feedback on important issues. The post What is the Trademark Public Advisory Committee (TPAC)?

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Trademark Intellectual Property Editing 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.

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Registration Trademark Registering Trademarks Branding 147

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?” Box, but you have to know how to do that. We’ll get to the good side of that.

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Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? How can you avoid these pitfalls?

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Plagiarism Today

OCTOBER 26, 2021

As one can easily see, that is a costume for the character Beetlejuice. As one can easily see, that is a costume for the character Beetlejuice. If the costume isn’t licensed, why is it not infringing regardless of the name change? If the costume isn’t licensed, why is it not infringing regardless of the name change?

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Trademark Copyright Cease and Desist Copying 250

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). Don’t bother to look at anybody else’s.

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Trademark Branding Brands Branding 130

Patent Trademark Blog

DECEMBER 7, 2022

What is the new deadline to respond to trademark Office Actions? When you’ve practiced trademark law long enough, you take certain things for granted. Things like Office Action deadlines never seem to change. And, until recently, trademark Office Action deadlines were not extendable. Things change.

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Trademark Blogging Registration Trademark Law 98

Patent Trademark Blog

FEBRUARY 8, 2024

Ever wonder why certain sales of authentic goods would not constitute trademark infringement ? When is it not OK to sell real trademarked goods? Can unauthorized sales of authentic goods lead to legal liability? Need to resolve a trademark issue? First Sale Doctrine: Can you resell copyrighted or trademarked goods?

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Trademark Blogging IP Patent 52

Erik K Pelton

MARCH 1, 2021

If WTP sent you mail about publication in a trademark directly (see image below), beware. The cost of the scam has changed over the years, but the essence of this trick is the same. And their form, sent to recent trademark applicants, looks official. And their form, sent to recent trademark applicants, looks official.

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Trademark Intellectual Property Government Reporting 147

Plagiarism Today

OCTOBER 24, 2022

But, before I go, I wanted to leave you with five tales of how copyright has shaped Halloween that I’ve written over the years. If you want a more complete list of the Halloween-related articles that have been featured on this site, check out this post from October 2021. However, for the past few years, the haunt has been closed.

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Plagiarism Today

NOVEMBER 18, 2021

They did so anyway and followed up by filing a trademark We’ve tried to sort this out in private and they have been uncooperative at every turn [link] — OBS (@OBSProject) November 17, 2021. Hey, can I copy your homework? ? Yeah, just change it up a bit so it’s not obvious you copied. We kindly asked them not to.

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Plagiarism Web Development Copying Copyright Notice 254

Erik K Pelton

JANUARY 4, 2021

The following is an edited transcript of my video Do Restaurants Need Trademark Protection ? But restaurants come to me all the time and say, “Do I really need a trademark registration? Why does a restaurant need a trademark registration?” In part because of that, I have a large number of restaurant clients.

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LexBlog IP

DECEMBER 31, 2023

In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). The average time can be found at the USPTO processing time site –as of writing it is 14.7

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Plagiarism Today

DECEMBER 12, 2022

However, as you enjoy your favorite seasonal traditions, it’s important to remember that, just like most things in our lives, copyright has had a role in shaping it. For those who grew up before 1992, you likely remember the film being on a constant loop during the winter months. That began to change in 1993. 2: Christmas Music.

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Copyright Public Domain Music Plagiarism 279

Plagiarism Today

FEBRUARY 7, 2022

The same day that the RIAA sent its cease and deist letter to Hitpiece, Nike filed a trademark infringement lawsuit against reseller StockX over Nike-themed NFTs. Piracy didn’t end, and the internet didn’t die, but both were changed forever. One thing is becoming apparent, a legal reckoning is coming for NFTs.

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Cease and Desist Copyright Trademark Copyright Law 263

Olartemoure Blog

DECEMBER 11, 2023

However, did you know that Toblerone is to remove the Matterhorn peak from its packaging as some of the chocolate’s production is moved from Switzerland to Slovakia? Pava Partner | Trademarks Director La entrada Toblerone alters packaging se publicó primero en OlarteMoure | Intellectual Property. A Patagonia with the Monte Fitz Roy.

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Intellectual Property Branding Brands Branding 105

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.

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Registration Trademark Intellectual Property Intellectual Property Law 162

Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you! You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. If any of this sounds like you, it’s time to plug some holes.

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Trademark Registration Branding Brands 52

Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Though your legal position may be strong, you might be arguing your points at the wrong time and place.

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Trademark Registration Registering Trademarks Blogging 52

Erik K Pelton

JUNE 2, 2021

The following is an excerpt from my video 5 Trademark Lessons from a Year of Pandemic and Quarantine. I want to share with you five trademark lessons that I have learned from the last year, and how trademarks and brands and businesses have dealt with the pandemic. Trademark filings are up significantly.

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Traverse Legal Blog

APRIL 19, 2022

What happens when someone registers your trademark or personal name on these web3 extensions? If you already understand blockchain and cybersquatting law, feel free to skip to the following video where we will provide instruction on blockchain forensics and wallet owner identification. Watch video one below. domain name system 9.com,net,edu,xyz)

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Patent Trademark Blog

JULY 11, 2023

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. You might have filed one yourself. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process.

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azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. But that monopoly only exists if you use the design you’ve registered in a consistent manner.

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Trademark Branding Brands Branding 52

LexBlog IP

MAY 24, 2022

The United States Patent and Trademark Office (“ USPTO “) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you? : However, if you want to have a nice, embossed, certificate for your wall – you can order one for $24.00.

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Technology & Marketing Law Blog

AUGUST 11, 2022

Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought. If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email me (egoldman@gmail.com). What Changed from the Fifth to the Sixth Editions?

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