Cancelling a Trademark: What’s Peloton’s Spin?

By: Stacey C. Friends & Sean D. Detweiler During the recent pandemic, you've probably heard this brand everywhere: Peloton. If you don't have a Peloton bike of your own, you probably have a fitness-enthusiast friend who owns one (and tells you all about their spin class pursuits). With this stationary bike maker all the rage, …

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Trademark Fees Increasing January 2, 2021

By: Stacey Friends and Sean Detweiler For the first time in three years, The USPTO is setting and adjusting Trademark and Trademark Trial and Appeal Board fees through its Final Rule, effective January 2, 2021. The goals of the fee increases, as stated by the USPTO, are to: Enhance the quality of examinations Achieve optimal examination times Invest in modernizing USPTO systems and infrastructure …

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How to Prepare for Counterfeiters, Whether You Sell on Amazon.com or Not

By: Sean D. Detweiler When it comes to online marketplaces, there are numerous traps for the unwary, whether you are a startup or a multi-million dollar company. The “Better Business Bureau (BBB) has received thousands of complaints from people who have shopped for goods online and received counterfeit products instead of what they thought they ordered… …

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The Trademark Company, LegalZoom & Other Online Services

By: Sean D. Detweiler Consumers continue to become increasingly more comfortable conducting business transactions of all types online, including filing trademark and patent applications, without the help of an attorney. At Morse, this has resulted in an increase of clients looking for help on a pending trademark or patent application previously initiated using an online …

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Trademarks – Use Them (Properly) or Lose Them

To acquire and maintain trademark rights, it comes down to use of the mark. If the mark is no longer used, no longer used in association with all of the goods/services identified in registration for the mark, or if the mark is used incorrectly, rights in the mark will be lost. Therefore, it is crucial …

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Federal Registration of Trademarks to Protect Intellectual Property

Unlike with patents, there are common law legal protections with trademarks whether or not a mark is registered with the Trademark Office. In the United States, common law trademark rights automatically take effect upon actual use of the trademark in association with particular goods or services in commerce. As such, the question often arises, “why …

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Informational Perhaps, But Not a Trademark!

One area of trademark law that continuously puzzles people is the tension between having a word or phrase associated with a product or service that is “informational” in that it immediately conveys to the consumer exactly what the product or service is, verses a word or phrase that may be more suggestive, arbitrary, or fanciful. …

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Creating a Strong Trademark: Key Considerations

A trademark is a word, phrase, symbol, or design that is used in conjunction with, and to identify the source of, goods or services in the marketplace (e.g., brand names and logos). A service mark is a form of trademark that applies to services instead of physical products. Most people are more familiar with the …

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TTAB Rules Multicolored Trademarks on Product Packaging Are Never Inherently Distinctive

As we enter into fall, the leaves on the trees will soon be multicolored. They are sure to be inherently distinctive, with each tree being a unique creation. But as patent and trademark attorney Sean Detweiler explains in his new article Multicolored Leaves More Inherently Distinctive than Multicolored Trademarks, multicolored trademarks do not get the …

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As the Trade Show Season Ramps Up, Don’t Forget to Harvest Your Patentable Inventions Before Heading to the Show

On July 27, 2018, in GoPro, Inc. v. Contour IP Holding, LLC, the U.S. Court of Appeals for the Federal Circuit held that a sales catalog distributed at a dealer trade show not open to the general public was publicly accessible and therefore qualified as a prior art printed publication under 35 U.S.C. Section 102(b) (2018 WL 3596007 …

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