Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. About Erik M.

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Patent Trademark Blog

JUNE 8, 2023

Like glue, we tend to stick to an existing relationship with a service professional and just maintain the status quo. When circumstances may warrant a change, we sometimes do not feel like taking the time to find a new professional. You need your patent or trademark registered, and you need it now. Need a new patent attorney?

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Patent Patent Application Cease and Desist Trademark 52

The TTABlog

MARCH 28, 2024

The USPTO refused to register the mark OTTO'S for "soda pops," finding confusion likely with the registered mark OTTO’S OATMEAL STOUT for “beer” [OATMEAL STOUT disclaimed]. How do you think this appeal came out? In re C&D Brewing Ventures, Inc. 88935220 (March 26, 2024) [not precedential] (Opinion by Judge Wendy B.

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Patent Trademark Blog

MARCH 24, 2022

What does it mean to protect intellectual property? If you think of IP as an asset, then it makes sense. Perhaps we might think of securing our belongings – our tangible assets – to protect them from being stolen or used without our permission. How to protect your products with trademarks.

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The TTABlog

OCTOBER 26, 2022

The USPTO refused to register the marks LICKMAT and LICK MAT , in standard character form, for "Feeding receptacles for pets, namely, bowls, dishes, and troughs, all for feeding" and for "Pet amusement mats being pet toys; pet toys; chewable pet toys," finding the marks to be merely descriptive of the goods under Section 2(e)(1).

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The TTABlog

OCTOBER 18, 2021

The USPTO refused registration of the mark REPUBLIC OF LONDON (in standard character form) for shirts, pants, and other clothing items, deeming the mark to be primarily geographically deceptively misdescriptive under Section 2(e)(3). How do you think this appeal came out?

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Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? Preparing design patent drawings will likely be the task that takes the most time. Preparing design patent drawings will likely be the task that takes the most time. You found the right post.

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Patent Trademark Blog

JULY 14, 2022

In fact, most US nonprovisional patent applications will not even get an initial examiner review, known as an Office Action, before the 1-year foreign filing deadline. The point is that your US patent claims are in a state of flux and will likely be amended before you reach a final conclusion. Timing your patent filings can be tricky.

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Patent Application Patent Art Reporting 98

Patent Trademark Blog

FEBRUARY 21, 2022

Does searching for a patent attorney near me make sense? Does searching for a “patent attorney near me” make sense? Does it matter where you live or where your patent attorney lives? Your patent attorney’s location does not matter. Your patent examiner’s location does not matter.

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The TTABlog

JULY 19, 2023

How do you think this came out? Translation Requirement: The examining attorney contended that applicant’s proffered translations of the wording MERCADO LIBRE and MERCADO LIVRE as "independent marketplace" or "free commerce," were "not legally inaccurate." The involved services overlap, but what about the marks? Serial Nos.

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The TTABlog

AUGUST 2, 2022

The USPTO refused to register the mark MBBM for "battery monitors" on the ground of likelihood of confusion with the registered mark MBBM-VAS for, inter alia , "apparatus and instruments for conducting, switching, transforming, accumulating, voltage regulating, and controlling electric signals and electricity. How do you think this came out?

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Patent Trademark Blog

FEBRUARY 16, 2022

You may have heard of a trademark opposition as the way to challenge a trademark application, but is there an equivalent proceeding for challenging patent applications? So the preissuance submission is more practical and the most likely way to challenge a utility nonprovisional application.

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Patent Application Patent Trademark Art 52

Velocity of Content

MARCH 16, 2022

This is why an unadorned set of directions, such as stripped-down basic instructions in a baking recipe, does not qualify, but “Mastering the Art of French Cooking” by Julia Child (a book that contains much more expressive text, which served to make it a bestseller) does. That is, at least in the U.S., essentially still the case.

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LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? What is a Supplemental Register Trademark?

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Patent Trademark Blog

MAY 31, 2023

On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Would it make sense to send them a trademark infringement letter. Would it make sense to send them a trademark infringement letter. So think it through before you have your attorney send an infringement letter.

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The TTABlog

MAY 11, 2022

In what may be one of the biggest wastes of time in the history of trademark jurisprudence, the Board reversed the USPTO's requirements that LEGO disclaim the word KID , in both Latin and non-Latin characters, in the two marks shown below, for various goods and services primarily aimed at children. What's the point?

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. AI-assisted programs, like online logo generators , aren’t straight AI tools like ChatGPT.

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Designs Design Trademark Copyright 52

The TTABlog

AUGUST 17, 2022

The USPTO refused to register the proposed mark AMERICAN STOGIES for cigars [STOGIES disclaimed], deeming the mark to be primarily geographically deceptively misdescriptive under Section 2(e)(3). How do you think this came out? In re Tabacalera Palma, Ltd. 88866282 (August 15, 2022) [not precedential] (Opinion by Judge George C.

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The TTABlog

DECEMBER 28, 2021

Applicant Equity argued that the proposed mark is a coined phrase, and that other terms like "contains no.", How do you think this came out? Examining Attorney Morgan L. or free of." or "vegan" or "vegetarian" would be used to indicate the absence of animal, fish, or poultry content in foods. Pologeorgis). 57 USPQ2d at 1566.

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The TTABlog

APRIL 26, 2023

The USPTO refused to register the proposed mark JIGUANI for coffee, finding the term to be primarily geographically deceptively misdescriptive under Section 2(e)(3). How do you think this appeal came out? Do you know where Jiguani is? In re Ruta Maya Royalty, Ltd , Serial No. Wellington). know that Jiguani is a town in Cuba?"

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Registration Trademark Copyright 59

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. Doing this has several advantages.

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Patent Trademark Blog

DECEMBER 7, 2023

However, if a competitor were to modify the appearance and then sell a competing product that does the same thing as your product, you may need a utility patent to block them from selling that different-looking product. These patent factors boil down to: Cost Speed (how long does it take to get a patent?)

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Design Patent Patent Designs Design 52

The TTABlog

SEPTEMBER 28, 2021

The USPTO refused to register the proposed mark MULTI-GRIP on the Supplemental Register, finding it to be generic for manually-operated resistance and stretch bands for physical therapy and exercise. How do you think this came out? The Board disagreed, however, with his assertion that Examining Attorney Julie M. Coleman Co. ,

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Marketing Marketing Trademark Copyright 56

LexBlog IP

SEPTEMBER 29, 2022

There’s no roar quite like a Nittany Lion’s! I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well.

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The TTABlog

FEBRUARY 1, 2022

How do you think this came out? The marks: The Board was unimpressed by the applicant's argument that the cited mark, like a person's monogram, will be perceived as a large "R" in a triangle. The Board concluded that the first DuPont factor weighed in favor of a finding of likely confusion. In re CRC Packaging, LLC , Serial No.

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LexBlog IP

APRIL 11, 2023

important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. Think you might need a legal professional?

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LexBlog IP

JULY 21, 2021

” If that be the case, and I think it is, then the subtitle implies the question this piece will address. That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation? places the value of faith to U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 13, 2023

important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. Think you might need a legal professional?

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Editing Patent Patent Application Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Download a PDF.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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