Please be aware that after you file a trademark application or receive your registration, you are likely going to receive mail from less than scrupulous companies claiming that you have something due on your trademark. These letters look relatively official and indicate that you must pay a fee in order to have a renewal processed. Unfortunately, a lot of accounts […]
Jimmy Garoppolo’s agents, Yee and Dubin Sports, have filed six trademark applications for “FEELS GREAT BABY” and “IT FEELS GREAT BABY.” The slogan comes from week 8 of the NFL season when, after a win that set the 49ers up with an 8-0 record, Erin Andrews asked Jimmy Garopollo how it felt to be 8-0. His response: “Feels great, baby.” […]
Question: What is a dead trademark? Answer: In the USPTO’s trademark database, records listed as “DEAD” no longer have any federal trademark registration rights. Here are the three most common reasons that trademark filings become dead: 1. The initial trademark application never matured to registration. When a trademark application does not mature to registration, whether due to a refusal or […]
A United States trademark registration provides valuable protections to businesses wishing to do business in the U.S. These are the 5 steps to registering a U.S. trademark as a European Union based business: File your trademark application in the European Union first. Engage an experienced U.S. trademark attorney. Conduct a comprehensive search of your mark. File your application, either directly with […]
A trademark is something that represents your brand in the marketplace. Typically, business or product names, logos, or slogans are registered as trademarks. Items such as distinct product packaging, colors and sounds may also obtain trademark protection. The USPTO will not grant registration for generic or descriptive terms or anything that may be confusingly similar to an existing mark. Inventions […]
Prototype81, a company owned by Terrell Owens, has filed a new trademark application for “GOATNESS.” Owens is a listed as a 51% owner of the LLC on Operating Agreements that have been provided in prior USPTO filings. The application, submitted to the USPTO on December 14th, was filed on “intent to use” basis. This means Owens has a “bona fide […]
Marshawn Lynch has filed a trademark application for “BEAST QUAKE.” The filing was made with the USPTO on December 17, just days before Marshawn re-signed with the Seattle Seahawks. Beast Quake refers to the play that Marshawn made last time he played for Seattle, where he broke nine tackles on route to a 67-yard touchdown run. The resulting celebration from […]
Why will trademarks matter in a voice world? Over the years, we were introduced to various different tech products that heavily influenced all aspects of our society, including the creation of the internet and the iPhone. But, now the question is what will come next? A lot of experts in the field are predicting that voice is going to be […]
Question: How do you claim an abandoned trademark? Answer: In order to claim an abandoned trademark, you must follow the registration process from the beginning and submit your own application for the trademark. However, it’s important to carefully evaluate the trademark and consider why the last applicant allowed it to abandon. We often see people who come across a trademark […]
Question: How long does a trademark last? Do they expire? Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective as it is no […]
Question: Can you use a trademark that has been rejected by the USPTO? Answer: Yes. If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully before continuing to use the […]
The company that owns all of Miley Cyrus’ trademarks, Smiley Miley Inc., has filed a new trademark application for “BANDIT AND BARDOT.” The application, filed on December 1st, was drafted in such a way that the trademark appears to be the name of a new band. When filing trademarks for band names, artists will often start by filing an International […]