Operating as a seller in Amazon Marketplace, you may one day find yourself in receipt of a notice or claim of trademark infringement. This claim might come from several places – it could be from Amazon itself, from another seller, or from a manufacturer or other merchant – one that may not even operate on Amazon’s Marketplace. And you may be […]
You’re a software developer. You’ve worked hard on your product. All those hours, all that coding, all the design and testing. You put a lot into creating your software. Do you know how to protect what you’ve made? What is a trademark? In general, a trademark is legal protection for a name, design, logo, or other distinctive characteristic of a brand. […]
When you trademark your band’s name, you are making a major investment in the protection of your band’s identity and name, and you’re helping to prevent some major pitfalls and problems – ones that can create big headaches for you down the line. Protecting your band’s identity and name is important to your success – you’ve invested a great deal […]
The edition of New & Noteworthy features Monster Energy, who seems to file oppositions against, well, everything. There are also a lot of design mark filings, including the Ohio State’s proceedings against the POISON NUT and others which provide interesting insight into how design marks are prosecuted, monitored, and ultimately opposed/cancelled. Also, for the second week in a row, Sazerac protects […]
On March 24, 2015, the Supreme Court issued its opinion reversing the Eighth Circuit and holding that, in some narrow circumstances, a Trademark Trial & Appeal proceeding can have preclusive effects on federal district court litigation. In December, the Supreme Court heard oral arguments for B&B Hardware vs. Hargis, an appeal from an Eighth Circuit ruling that the District of […]
So, you filed your trademark application months ago and your new business has started on its way. You are eagerly awaiting to hear from the United States Patent and Trademark Office. After waiting for so long, you finally see an email from the USPTO, only to find out that the USPTO has issued an “Office Action” and your trademark has […]
This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other “wet” marks, and beverage company Sazerac wants everyone to be able to use the phrase “Drink Kentucky Bourbon.” MONSTER […]
As a trademark owner, you should ensure you are aware of the renewal requirements on your trademark registration. That you being said, if you are unaware of the renewal deadlines, you’re in luck: starting this year, the United States Patent & Trademark Office will be sending renewal notices to remind trademark owners of these important dates. Why is this such […]
Receiving a trademark cease and desist letter or infringement notice can be an unsettling event. There are many circumstances under which you may receive one, but they all have one common thread – if the allegations in the letter are true, they can sometimes be devastating for a business. That being said, before becoming too concerned, or taking any action yourself […]
This New & Noteworthy post looks at trademark oppositions filed at the Trademark Trial & Appeal board for the Week of February 23 – March 1. Marvel & DC, Co-Owners of the SUPER HERO Mark, File Two Oppositions Marvel & DC have been labeled trademark bullies in the past for their policing of the co-owned SUPERHERO mark for comic books, video […]
Upon reviewing your trademark application, the United States Patent & Trademark Office might have a question, a required clarification, or, issue a refusal of your application. If they do, they’ll contact you through what’s called an “office action.” Before getting into the specifics of some common office actions, these are the general facts you should know about them: Office actions are […]
As you may have heard recently, trademark attorneys for Taylor Swift have filed for trademark protection for a number of lyrics and phrases taken from her songs. These trademark applications are still working their way through the USPTO approval protocol, so it remains to be seen whether the marks will be approved. That being said, the need and desire for musicians […]