Erik K Pelton

OCTOBER 22, 2024

The great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court. Are you sure that the party to whom you are writing was not using the trademark first and cannot respond by asserting a claim against you?

Cease and Desist 130

Cease and Desist Trademark Branding Branding 130

Erik K Pelton

DECEMBER 3, 2024

The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new online trademark application filing forms from the USPTO.

Trademark 130

Trademark Ownership Registration 130

Erik K Pelton

MARCH 10, 2025

I recently created a petition to gather support to encourage the USPTO and other agencies to do more to fight trademark scams. The scams are a scourge on our trademark system, and they are getting worse and worse. Every year, many individuals and businesses fall victim to trademark scams.

Trademark 130

Trademark Intellectual Property Government Registration 130

IP Watchdog

OCTOBER 15, 2024

The ruling addressed VIP’s defenses to trademark infringement and trademark dilution. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law. The High Court ruled that VIP had no defense to either cause of action.

Trademark 124

Trademark Litigation IP Designs 124

Erik K Pelton

NOVEMBER 19, 2024

It is important to take a few minutes to search and make sure a name is unique, to file the name with the USPTO to register it, and to hire an experienced trademark attorney to handle the registration process. The post 10 reasons that small businesses need to protect their trademarks appeared first on Erik M Pelton & Associates, PLLC.

Business 130

Business Trademark Social Media Branding 130

Plagiarism Today

MARCH 4, 2024

but it also raises some serious copyright and trademark issues. The post Copyright, Trademark and Willy’s Chocolate Experience appeared first on Plagiarism Today. The recent "Glasgow Willy Wonka Event" may have launched a thousand memes.

Trademark 317

Trademark Copyright Plagiarism Derivative Work 317

Plagiarism Today

OCTOBER 1, 2024

The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. The post The Death of the Superhero Trademark appeared first on Plagiarism Today. Here's what it means.

Trademark 279

Trademark Plagiarism Registration Patent 279

IP and Legal Filings

DECEMBER 3, 2024

New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Operational Mechanism of the Madrid Protocol 1.

Registration 97

Registration Trademark Intellectual Property Branding 97

Erik K Pelton

JANUARY 28, 2025

The following is an edited transcript of my video What is the Supplemental Register of Trademarks? The main register of trademarks at the USPTO is called the Principal Register. The post What is the Supplemental Register of Trademarks? appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130

Trademark Registration Editing 130

Erik K Pelton

APRIL 16, 2024

Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.

Trademark 261

Trademark Reporting 261

IP and Legal Filings

NOVEMBER 12, 2024

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.

Trademark 97

Trademark Branding Brands Branding 97

Plagiarism Today

NOVEMBER 4, 2024

The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today. While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them.

Public Domain 299

Public Domain Trademark Copyright Plagiarism 299

Plagiarism Today

NOVEMBER 7, 2023

Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today. The long-running YouTube series Zero Punctuation has come to an abrupt end.

Trademark 312

Trademark Copyright Plagiarism Trademark Law 312

Plagiarism Today

SEPTEMBER 30, 2024

The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today. Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on.

Trademark 278

Trademark Plagiarism Trademark Law Law 278

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

Likelihood of Confusion

OCTOBER 21, 2024

Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection.

Trademark 84

Trademark Blogging Trademark Law Law 84

Erik K Pelton

JANUARY 21, 2022

We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC. We are growing again at EMP&A. The post We’re growing (again) !

Trademark 355

Trademark 355

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.

Trademark 326

Trademark Intellectual Property Business Government 326

Erik K Pelton

FEBRUARY 6, 2025

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.

Trademark 147

Trademark Patent Registration Trademark Law 147

JD Supra Law

JANUARY 17, 2025

The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. 18, 2025, except for the fees for international applications filed under the Madrid Protocol, which will take effect on Feb.

Trademark 105

Trademark Registration Patent 105

Erik K Pelton

JANUARY 6, 2025

The Amazon Brand Registry allows owners of a trademark to protect their goods from counterfeiters and those infringing on the brand. In other words, by filing a trademark application with the USPTO, one can get into the Registry with Amazon in just a matter of days.

Branding 100

Branding Brands Branding Trademark 100

Plagiarism Today

JULY 10, 2024

The post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today. Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. However, the story is more complicated.

Plagiarism 263

Plagiarism Trademark Copyright Copying 263

Erik K Pelton

OCTOBER 29, 2024

Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered trademark for businesses. The post The Value of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC.

Registration 130

Registration Trademark Registering Trademarks Publishing 130

Erik K Pelton

APRIL 11, 2024

We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.

Trademark 263

Trademark Branding Branding Brands 263

IP Watchdog

DECEMBER 23, 2024

trademark owners intellectual property, and threaten the safety of U.S. Patent and Trademark Office (USPTO), from enforcing any trademark that was stolen. In 2024, Americas legislators continued their effort to fight against the harmful impact of counterfeit products being sold to American consumers.

Trademark 97

Trademark Intellectual Property Business Patent 97

Erik K Pelton

DECEMBER 30, 2024

My first trademark application was filed 25 years ago today on Dec. In those 25 years, I have filed more thousands of trademark applications for clients. I was a young entrepreneur building a new firm based on flat fees, efficiency, and exceptional services, with a website coded myself in HTML, and with experience as a USPTO examiner.

Trademark 130

Trademark Registering Trademarks Branding Branding 130

SpicyIP

FEBRUARY 4, 2025

What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Well-Researched Bona fide Decision: The defendants adoption of the eZEO/ZEO marks followed thorough research on the Trademark Registrys Search Portal. Her previous posts can be found here.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

JD Supra Law

MARCH 21, 2025

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? The answer is YES!

Registration 73

Registration Trademark Business Patent 73

IP Watchdog

DECEMBER 10, 2024

During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world.

Trademark 98

Trademark Branding Brands Branding 98

Plagiarism Today

JULY 3, 2024

But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.

Trademark 203

Trademark Copyright Plagiarism Patent 203

Erik K Pelton

JANUARY 7, 2025

Why monitor your registered trademark? Learn more about monitoring at [link] The post 3 Reasons for a Trademark Watch Service appeared first on Erik M Pelton & Associates, PLLC. Why monitor your registered trademark? Erik shares 3 reasons why this is valuable for your brand in this episode.

Trademark 130

Trademark Registering Trademarks Branding Branding 130

IP Watchdog

NOVEMBER 26, 2024

What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.

Trademark 105

Trademark Registration Intellectual Property Litigation 105

JD Supra Law

FEBRUARY 28, 2025

On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants affiliates when those affiliates are not themselves named as defendants in the lawsuit.

Trademark 70

Trademark 70

JD Supra Law

JANUARY 23, 2025

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States.

Trademark 116

Trademark Business Branding Branding 116

JD Supra Law

NOVEMBER 27, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. OAI) and its president Guy Ravine in a trademark infringement matter brought by OpenAI, Inc. By: Erise IP

Trademark 115

Trademark IP Patent 115

Likelihood of Confusion

NOVEMBER 16, 2024

Serial […] The post Wrong skillset for trademark registration appeared first on LIKELIHOOD OF CONFUSION™. In re National Presto Industries, Inc.,

Registration 97

Registration Trademark Blogging Reporting 97

Erik K Pelton

DECEMBER 19, 2024

And with the new “Trademark Center” come new and increased filing fees. For much more on the new fees and new application form, see Changes to USPTO Trademark Fees: What You Need to Know The post Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130

Trademark 130