Erik K Pelton

AUGUST 1, 2023

The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks. When teaching about trademarks, about the fundamentals and the principles, and really about the framework for analysis and how to use your judgment within that framework to evaluate possible conflicts and other trademark issues.

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Trademark Law Editing Branding 130

Erik K Pelton

AUGUST 15, 2023

For more, see the Trademark Scam Decision Tree. It seems to me that this offer clear evidence of an intent to mislead and defraud consumers who own trademark filings with the USPTO. When will the USPTO, Trademark Public Advisory Committee (TPAC), Fair Trade Commission (FTC), Department of Justice (DoJ), and U.S.

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Trademark Reporting 130

Erik K Pelton

DECEMBER 16, 2022

The USPTO comments, submitted on December 2, 2022, highlight the wide range of scams that are impacting the trademark system today, and their tremendous impact on all types of trademark operations. The USPTO recently submitted comments to the FTC regarding its proposed rulemaking, Rule on Impersonation of Government and Businesses.

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Erik K Pelton

JUNE 27, 2023

What’s hot and what’s not in the world of trademark protection? The post Trademark Ins and Outs appeared first on Erik M Pelton & Associates, PLLC. What’s hot and what’s not in the world of trademark protection? Erik shares his list in this video. Erik shares his list in this video.

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Trademark 130

Erik K Pelton

AUGUST 17, 2023

The following is an edited transcript of my video Filing Your Trademark Application Early: A Cautionary Tale. It’s very important to file your trademark for protection as early as possible for a variety of reasons. They did not think about national trademark protection.

Trademark 130

Trademark Registration Branding Brands 130

Erik K Pelton

JULY 18, 2023

The following is an edited transcript of our video International Trademark Registration Basics. We often get asked by clients how they can obtain an international trademark registration. This includes regional areas which give you trademark protection in all the countries that are member to the agreements that create them.

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Trademark Registration IP Editing 130

Erik K Pelton

JULY 25, 2023

The following is an edited transcript of my video Will AI Change Trademarks? Let’s discuss artificial intelligence (AI) in general, and whether it’s going to affect and impact the world of trademarks, and filing and registering trademarks. The post What Will AI Do to Trademarks? I have no such fears.

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Erik K Pelton

AUGUST 14, 2023

The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. The post 500 hundred trademark videos on erikpelton.tv We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv ! We post at least one new video a week, usually more.

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Trademark Litigation Registration 130

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,

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Trademark Trademark Law Law IP 88

Erik K Pelton

APRIL 11, 2023

A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes. The post What Are the DuPont Factors in a trademark confusion analysis? A seminal trademark case is In Re DuPont.

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Trademark 200

IP Watchdog

SEPTEMBER 11, 2023

Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. On September 7, the U.S. Haribo of America Inc.

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Trademark Registering Trademarks Branding Brands 132

Erik K Pelton

JULY 5, 2022

The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. Patent and Trademark Office and their logos.

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Trademark Intellectual Property Law Patent Intellectual Property 211

Likelihood of Confusion

FEBRUARY 12, 2023

In February, 2011 I wrote about Trademark™, a design studio with the domain name www.trademark-trademark.com. The post Trademark, trademark, trademark! I was looking to refer back to that post because I wanted to link to it, as. appeared first on LIKELIHOOD OF CONFUSION™.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. The application must include the details of the applicant, the class of goods or services for which the trademark will be used, and a representation of the trademark.

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Trademark Intellectual Property Trademark Law Registering Trademarks 87

Patent Trademark Blog

MAY 9, 2023

Why register your trademark in a foreign country? While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. IP rights are territorial.

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Trademark Registering Trademarks Registration IP 98

SpicyIP

AUGUST 31, 2023

Image from here Smells like Luxury, Does it cost a Trademark Battle? Ishant Jain The rise of comparative advertising in the perfume industry (for instance see here and here ) sparks debate on issues of potential trademark infringement and disparagement. We will explore the relevance of this further ahead in this post.

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Trademark Registering Trademarks Trademark Law Advertising 100

SpicyIP

SEPTEMBER 13, 2023

Image by storyset on Freepik The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The eligibility of the candidates for the Trademarks Agent Exam is given under Rule 144 of the Trade Marks Rules, 2017 and the eligibility of the candidates for the Patent Agent Exams is given under Section 126 of the Patents Act, 1970.

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Trademark Patent IP Registration 87

JD Supra Law

SEPTEMBER 21, 2023

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and services for use in the metaverse.

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Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

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Trademark Registration Litigation Patent 98

IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.

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Trademark Registration Branding Brands 89

Olartemoure Blog

SEPTEMBER 8, 2023

The General Secretariat of the Andean Community, in collaboration with the World Intellectual Property Organization (WIPO), has presented the Manual for the Examination of Trademarks in the Andean countries, aimed at improving the trademark registration process in the countries of the Andean Community. Source In Spanish.

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IP Tech Blog

FEBRUARY 27, 2023

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law.

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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.

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Trademark Registration Registering Trademarks Patent 97

IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.

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IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role.

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Trademark Registering Trademarks Registration Intellectual Property 52

IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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Trademark Registering Trademarks Registration IP 95

Likelihood of Confusion

MAY 15, 2023

Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment silicone muffin pan. The post Kissing trademark rights goodbye? appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Branding Brands Branding 92

Patent Trademark Blog

FEBRUARY 1, 2023

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?

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Trademark Due Diligence Patent IP 98

Patent Trademark Blog

APRIL 17, 2023

Trademark Opposition Cost: Can a precise estimate fit all TTAB cases? Before we discuss cost factors, recognize that a precise trademark opposition cost is both unrealistic and unhelpful in most cases. You can think of a TTAB trademark opposition as a mini-litigation between the opposer and the trademark applicant.

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Trademark Settlement Litigation IP 95

Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How does my trademark track record compare to others?

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Trademark Registration Registering Trademarks IP 98

Patent Trademark Blog

SEPTEMBER 13, 2023

Does a USPTO trademark application require any documents? Back in the old days, trademark applications were filed by mailing paper documents to the USPTO. Nowadays, trademark filings are filed electronically with the uspto.gov website. So do you really need to submit any documents to file your trademark application?

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IP and Legal Filings

SEPTEMBER 8, 2023

Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with products like soaps, perfumes, creams, cosmetics, body lotions, and so on. the famous case of Ralf Seikmannv.

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Trademark Registration Trademark Law Patent 52

Olartemoure Blog

FEBRUARY 28, 2023

As we humans push the boundaries of exploration and commerce in outer space, it’s important to understand the laws and regulations that govern the use of trademarks in this new frontier. This infographic will provide a quick overview of the current state of trademark protection in outer space. What is a trademark?

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Trademark Intellectual Property Trademark Law Law 98

IP Watchdog

MAY 6, 2023

Brands — legally protected as trademarks — have value. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. We all understand that intuitively.

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IP Watchdog

JULY 19, 2023

The Taco John’s restaurant chain announced Tuesday that it will share its Taco Tuesday trademark, but also posed a challenge to Taco Bell and LeBron James “to Support Workers, Not Lawyers.” Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY on May 16, 2023.

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Trademark Intellectual Property IP Litigation 95

Selvam & Selvam Blog

SEPTEMBER 7, 2023

failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their failure to renew it in 1977 proved to be a mistake as it enabled N.R. WELL-KNOWN TRADEMARK – WHAT IS IT?

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