Posts Tagged: trademark registration


Can You Trademark a Color?

Yes, under certain circumstances you can trademark a color... Examples of protectable color marks include: red soles for women’s high-heel dress shoes, where the rest of …
By Michael Bernet
1 month ago 3

Federal Circuit Finds TTAB Erred In Determining Genericnessof Coca-Cola’s ZERO Trademarks

On Wednesday, June 30th, the Court of Appeals for the Federal Circuit issued a decision in Royal Crown Company, Inc., et. al. v. The Coca-Cola Company which …
By Steve Brachmann
1 month ago 7

Influx of Trademark Applications at the USPTO Subsidized by Chinese Government, Include Doctored Product Images

According to Eric Perrott, a trademark and copyright attorney with Gerben Law Firm, chatter among U.S. trademark officials and attorneys regarding the increase of potentially fraudulent …
By Steve Brachmann
2 months ago 2

UMBC files trademark application to celebrate historic upset in NCAA Tournament as 16-Seed

UMBC has filed U.S. Trademark Application No. 87838422 which would protect the use of the standard character mark '16 over 1' for the sale of athletic apparel …
By Steve Brachmann
5 months ago 0

Incontestable Status: What it is and why trademark owners want it

Incontestable status does not make the trademark immune from all possible challenges, however, the most problematic challenges from a trademark owner's perspective are gone... "To me, incontestable …
By Gene Quinn
7 months ago 1

Ukraine: 25 Years After the USSR Collapse, Two Countries’ Banks Keep Disputing One Trademark

Two signs “Oschadbank” and “Sberbank” have the same meaning in Ukrainian and Russian, namely, the abbreviation of SBEREGATELNYY BANK (Savings Bank). After the Soviet Union disintegration in 1991, …
By Mariya Ortynska
7 months ago 5

The Cost of Registering a Trademark in Southeast Asia

Typically, there are three categories of costs involved in filing trademark applications in Southeast Asia and, subsequently, getting them registered; these are official fees, attorney charges, and …

Prohibition of Immoral or Scandalous Trademarks Held Unconstitutional

In re Brunetti, the Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision affirming a refusal to register the mark “FUCT” because it comprised immoral …

Santa Claus Trademark: A Legal Opinion

Dear Mr. Claus: You recently contacted this office to confirm the availability of your proposed "SANTA CLAUS" trademark for use in your business and, if this mark …
By Howard Zaharoff
8 months ago 4

Ban on ‘Immoral” and ‘Scandalous’ Trademarks Ruled Unconstitutional

After Tam was decided without expressly finding Section 2(a) unconstitutional in its entirety, the Federal Circuit requested additional briefing on the impact of Tam to Brunetti. The …
By Michael Bernet
8 months ago 0

State vs. Federal Trademarks, Which is Right for Your Business?

Not all trademarks are created equal. While every state allows you to obtain a trademark registration, a federal trademark registration provides the greatest rights. This is because …
By Gene Quinn
9 months ago 1

Apple failed to block Swatch’s attempt to acquire the trademark for Steve Jobs’ catchphrase ‘one more thing’

The Swiss watchmaker Swatch's effort to acquire the trademark for "SWATCH ONE MORE THING" has run in to opposition from Apple, which argues the phrase ‘one more …
By Masaki Mikami
11 months ago 0

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
11 months ago 0

Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery

In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to …

Music Artist will.i.am Cannot Trademark “I Am”

In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …

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