Posts Tagged: "Carl Oppendahl"

When USPTO Classifies an Application Incorrectly

This case had been made Special on the Patent Prosecution Highway in October of 2013 because of a favorable Written Opinion from a PCT Searching Authority. For a Special case, USPTO’s case management system normally starts ringing an alarm on the Examiner’s desk after a couple of months. So we should have seen an Office Action at least a month ago, maybe two months ago. But that only works if the case has been assigned to an Examiner. Often the USPTO first assigns the case to a SPE and then it is left to the SPE to figure out which Examiner in the SPE’s art unit should actually examine the case. This case got assigned to the SPE in a particular art unit. Let’s call him “SPE V”. It seems that SPE V decided that this case had been misclassified and should not have gone to his art unit. So he tried to get rid of it.

Trademark Double Dog Dare: Do Your Rendition Of Tarzan Yell

Did you know that the Tarzan yell is a registered trademark? So is the Looney Tunes theme song. And Homer Simpson’s “D’oh!” Trademarking a sound or series of sounds is really not that hard to do. The Trademark Manual of Exanimation Procedure (“TMEP”) §1202.15 tells us “A sound mark identifies and distinguishes a product or service through audio rather than visual means.” OK. That’s fairly straightforward. We all know that in order to be eligible for trademark protection, a mark has to be unique, arbitrary, or distinctive and it has to function as a source identifier. This means the consuming public will see that mark and automatically know that it is the brand for a particular product.