We have another episode of “Trademark Talk with Erin” that’s out for viewing on our Youtube channel, Patent Home! This week’s episode discusses “What is a trademark?” In this week’s blog post, we will be giving a brief overview on what constitutes a trademark and what may or may not qualify for trademark protection. What […]
In the modern product marketplace, a dynamic and comprehensive online presence is crucial to the continued success of most brands. Consumers have moved away from the traditional notion that goods must be purchased at brick and mortar retail stores. As a result, the rate at which goods are bought and sold online continues to skyrocket. […]
This week, the Trademark Trial and Appeal Board (TTAB) affirmed the refusal by the United States Patent and Trademark Office (USPTO) of the trademark application for the word “SERIAL.” Both the USPTO and the TTAB agreed that the mark is “generic” for the proposed services of “entertainment in the nature of an ongoing audio program […]
If you spend much time on the internet, you are likely familiar with “Grumpy Cat.” She is the famous feline known for her memes and social media presence, and whose real name is Tardar Sauce. Last week, a California district court decided in favor of Grumpy Cat and her owner, Tabatha Bundesen, in an intellectual […]
The trademark dispute between the Las Vegas Golden Knights and the United States Army escalated this week, as the U.S Department of Army filed an Opposition (.PDF) to the Golden Knights’ proposed trademark with the United States Patent and Trademark Office. The Golden Knights applied for registration of the trademarks GOLDEN KNIGHTS and LAS VEGAS […]
Thomas Mann was spot on when he said, “everything is politics,” because “everything” includes IP theft. Over the past year, you may have noticed a rise in articles discussing intellectual property (“IP”) in the political world. President Donald Trump seems to be targeting China, but very few understand the meaning behind the recent commotion. On […]
This past week the Supreme Court decided a groundbreaking case concerning an Asian American rock band, the Slants. Their lawsuit has huge implications for the Washington Redskins trademark case and will set the standard for disparaging trademark viability. In 2011 the band tried to trademark their name with the United States Patent and Trademark Office […]
The Lanham Act is the federal law controlling trademarks. Section 1051 requires an individual uses the trademark in commerce before they apply to register the mark. But what exactly does the phrase “used in commerce” mean? Luckily, section 1127 of the Lanham Act provides some assistance. It states the word “commerce” means all commerce Congress […]
Registration and maintenance of a trademark requires that the trademark is distinctive and does not become generic. There are five categories of trademark distinctiveness: In descending order, from strongest to weakest, the spectrum of distinctiveness: “FANCIFUL” – Fanciful trademarks are the strongest. They include made up words or phrases that have no relation to the product […]
It’s always exciting to see the success of our clients as they continue to grow their brand! In October 2016, LoTempio Law introduced Debbie Sullivan of Kae and Cami. Debbie invented a magnetic accessory which includes design hearts and interchangeable attachments. These attachments can be worn with a variety of apparel including scarves, T-shirts, beach wraps, pashminas, […]