Posts Tagged: "trademark Applications"

The Trademark act of 1946 specifically allows a person to obtain a trademark in her name provided the proposed name mark meets certain criteria. And the Trademark Manual of Examining Procedure (“TMEP”) tells you what those criteria are. As shocking as it may sound, people trademark their names all the time. It’s pretty much standard operating procedure for celebrities and athletes. Granted, it is a bit uncommon for politicians, but it’s not unheard of. Besides, last time I checked, Governor Palin is no longer serving in public office and is more of a public figure anyway, so what’s with the hullabaloo?

The Apple application for “APP STORE” is currently in opposition proceedings at the Trademark Trial and Appeal Board. Here’s the skinny in 4th grade prose. Back in ’08, Apple opened up its first app store. Shortly thereafter, it filed a trademark application for “APP STORE” in the United States Patent and Trademark Office (“USPTO”). The Examiner said “No way! That mark is descriptive!” Apple said “Nu-uh!” Examiner said “Yes huh!” Apple said, “Nu-uh!!!”, and appealed. Examiner said “OK, fine” and published the application for opposition. Then Microsoft said, “No way! That mark is descriptive!”

You have probably had circumstances when you have positively associated with a certain trademark.  Perhaps you were traveling and had the option to eat at one of several restaurants.  You might have preferred a sit-down meal, but you might have opted for McDonald’s or Burger King instead because you are familiar with what you will get, know it is going…

Earlier today the Wall Street Journal gave front page space to a story relating to the United States Patent and Trademark Office. Widely regarded as one of the “papers of record” in the United States, one might expect that the Wall Street Journal had brought its considerable clout to an important issue plaguing our time, such as an horribly under funded Patent Office that is holding innovation hostage, costing America perhaps millions of jobs. NO! Don’t get me wrong, every tabloid should have front page news story about pot, medical marijuana and have an image of a VW bus over the tag “the Canny Bus,” as the Journal did earlier today. Call me crazy, but I expected more from the Wall Street Journal.

I can honestly say that I never thought I would have any reason to write about Nadya Suleman, the so-called Octomom, but it appears as this omnipresent, attention-seeking mother of 14 children is aggressively seeking to cash in on giving birth to 8 children just a few months ago.  In order to take full advantage of this situation Suleman has…

Trademark owners who attempt to file and prosecute their own trademark applications are really being pennywise and pound foolish. I appreciate the reasons for filing your own trademark applications, particularly in this economy. Many times, trademark owners are small companies in their infancy, or individuals that are trying to minimize legal fees while attempting to obtain valuable trademark protection. Nevertheless,…

It is unbelievable to me that the United States Patent and Trademark Office allows LegalZoom.com to continue in what can only be described, at least in my opinion, as the unauthorized practice of law.  It is perhaps even more unbelievable that the various State Attorneys General appear unwilling to stop what I believe to be widespread unauthorized practice of law, despite the…

A “trademark” (which relates to goods) and a “service mark” (which relates to services) can be any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce. Trademarks, which is usually the term used to collectively refer to what are technically trademarks and service marks, serve two primary purposes. First, trademarks identify and distinguish…

Today you can hardly do a search on any search engine on the topic patents or trademarks without stumbling across an ad from LegalZoom.com, or one of the other numerous companies that promise to prepare and file patent or trademark applications on your behalf.  On September 15, 2008, the United States Patent & Trademark Office issued new rules that should have…

By now it would seem that virtually everyone knows of the enormous upset pulled off by the New York Giants against the New England Patriots (17-14) in the Super Bowl on Sunday.  As soon as I saw Bill Belichick, the Coach for the New England Patriots, who I have taken to calling Belicheat, I knew the Patriots were in trouble. …