File Your Trademark Applications Sooner Rather Than Later

By: Sean Detweiler The United States Patent & Trademark Office (USPTO) is falling behind in their review of trademark applications. Since the end of 2018, the average time between an application for trademark registration being filed and the Examining Attorney reviewing the application and issuing a first action indicating whether the mark is allowable has …

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Trademark Office Offers Accelerated Examination For COVID-19-Related Trademark Applications

By: Sean Detweiler The USPTO recently announced that it is accepting petitions to accelerate the timeline for examination of new trademark applications for trademarks used to identify certain COVID-19 medical products and services (see USPTO: Relief Available to Trademark and Service Mark Applicants in View of the COVID-19 Outbreak: Petitions to Prioritize the Initial Examination of …

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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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The Olympics Are Coming, the Olympics Are Coming – But Don’t Tell Your Customers!

By Howard Zaharoff. Yes, the Winter Games start this week. But before you decide to use this exciting event to promote your products or services or to communicate with customers, be aware that commercial use of Olympic indicia without the consent of the United States Olympic Committee (“USOC”) can get you sued. The U.S. Code …

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2017 Intellectual Property Year in Review

2017 marked another active year for intellectual property law. Patent law took center stage at the Supreme Court, wherein established precedent on infringement suit jurisdiction and laches were overturned. As we move into another year that is sure to be full of cases that reshape the IP landscape, intellectual property attorney Bill Schmidt looks back …

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Does Anyone Own the Trademark “SUPER BOWL”?

It should come as no surprise that SUPER BOWL is a federally registered trademark and that the owner is mostly the NFL (and various affiliates). But you probably did not know that there are 8 live registrations, covering such diverse goods as football helmets, cell phone covers, mouse pads, DVDs, jewelry, watches, bumper stickers, stuffed animals, balloons and …

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