Posts Tagged: trademark registration


Trademark Alert: Unauthorized Changes to Trademark Applications and Registrations

The United States Patent and Trademark Office sent an e-mail notifying stakeholders of an alarming ongoing scheme to hijack trademark files. Apparently, there has been a number …
By Gene Quinn
4 days ago 0

Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks

Trademarks protect distinctive marks, such as brand names, logos, and designs.  This protection allows a trademark holder to exclude others from using the mark without permission of …

Trademark Application filed for ‘FitzMagic’, but not by QB Ryan Fitzpatrick

Whether Ryan Fitzpatrick opposes or otherwise challenges Minkah Fitzpatrick's registration of FitzMagic, one has to question the wisdom of seeking a trademark that NFL fans will associate …
By Steve Brachmann
23 days ago 0

EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color …
By Dr. Dariush Adli
2 months ago 1

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
3 months 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
4 months 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
4 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
7 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
9 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
9 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
10 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
10 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
11 months ago 1

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