If you run an Etsy store, or are considering starting one, you already know how popular that online marketplace is. The demand for, and supply of, the kind of handmade, unique products sold on Etsy are both so high that the site has grown from one million members in 2008 to nearly 44 million as of January 2015. What does […]
This week’s New & Noteworthy TTAB filings feature a lot of logos and design marks. Among them are oppositions and cancellations from “frequent filers” Major League Baseball and Monster Energy. Creating a Monster – Monster Energy Opposes More Trademark Applications Monster Energy has frequently been accused of overreaching when it comes to enforcing its trademark portfolio – in fact, Gerben IP’s […]
For businesses just starting out, once you’ve got your initial idea in mind, the next step is usually coming up with a company name. And that makes sense: it’s how you’ll talk about your business, but more importantly, it’s the primary way your customers and prospective clients will identify you. Your company’s name is the linchpin for your brand and your […]
This week’s new and noteworthy TTAB proceedings featured potentially immoral clothing brands, stolen TV shows, and a lot of beer. Calvin Klein Opposes FTCK Mark Fashion Company Calvin Klein opposed an application for FTCK for clothing, claiming that it is confusingly similar to its registered CK marks. CK also argued in its opposition that FTCK is a scandalous and/or immoral mark […]
The USPTO’s Trademark Trial & Appeal Board held that, given the nature of the collectible goods that are often sold in limited batches, the mark LIMITED for sports trading cards was merely descriptive and not entitled to registration. TTAB Case Background Both parties in this case, Panini American Inc. and the Topps Company, Inc., manufacture and sell sports trading cards. Last […]
It’s a good idea to start the process of registering a trademark for your business name, company name, product name, or service, as soon as you identify the name you plan to use. This is because the first step in obtaining a federal trademark registration for a name is conducting a search to ensure no one else owns trademark rights […]
This week’s new and noteworthy Trademark Trial & Appeal Board oppositions and cancellations were highlighted by Staples’s (the office store chain) claim that an application for ‘STAPLE’ (for a brand of vaporizers and e-cigarettes) would cause a likelihood of confusion and dilution of its STAPLES mark. There were also several proceedings involving design marks that could test the scope of protection for […]
Cosmetics are a multibillion-dollar industry. In fact, consumer spending on cosmetics in the U.S. alone tops $50 billion. And it’s more than just makeup. Skin care, body lotions, moisturizers, facial creams, and beyond – all of these products fall under the cosmetics umbrella, and consumers remain eager to purchase them. If you’re considering starting a cosmetics business, whether distributing other brands […]
In this new feature, Before the Board will look at the notable TTAB opposition and cancellation proceedings initiated at the Trademark Trial & Appeal Board. A lot of attention is paid to the “final” decisions of the TTAB, but here is a taste of the day to day workings of the TTAB. Pirelli opposes ‘MARTHA’ trademark for tires Italian tire company […]
The protections and benefits of a registered U.S. trademark come with a series of responsibilities of ownership. One of your most important responsibilities is to maintain and renew your trademark at the required intervals set by the United States Patent & Trademark Office. Upon the initial registration of your trademark, it is important to make note of the first renewal […]
When a trademark applicant seeks to submit a statement of use to the USPTO, it must provide a specimen that shows the mark being ‘used in commerce’. This specimen must be a substantially exact representation of the mark as used on or in connection with the goods and/or services. In In Re Kristin A. Harris, the Trademark Trial and Appeal Board […]
The Super Bowl is coming up soon and two teams, the New England Patriots and the Seattle Seahawks will battle it out for the championship. But who is winning the trademark battle? The Super Bowl trademark itself has had its fair share of trademark controversy over the years, but this article will explore the trademark filings and oppositions of the Seattle […]