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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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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Matal v. Tam: The Supreme Court Rejects the Prohibition on Disparaging Trademarks

By: Sean Detweiler and Bianca Sena On Monday June 19, 2017, the U.S. Supreme Court ruled that the U.S. Trademark Office’s denial of registration for “disparaging” trademarks under Section 2(a) of the Lanham Act violates the Free Speech Clause of the First Amendment and is therefore unconstitutional. The case, Matal v. Tam (previously known as Lee …

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Why You Should Spend Dollars on Patent, Trademark Protection

In the article, "Why You Should Spend Dollars on Patent, Trademark Protection", published on CFO.com, patent and trademark attorney Sean Detweiler discusses why it is important for companies to protect the thoughts they pay for through patent and trademark protection. According to Sean, failure to protect this information could lead to loss of company value and a …

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Patent and Trademark Attorney Sean Detweiler Discusses Possible Risks from Using Low-Cost Trademark Registration Services in New Article

In the past 5 or so years, there have been a number of online, low-cost, entrants into the trademark registration space. Companies like The Trademark Company, TTC Business Solutions, and others, promote low-cost trademark registration services. However, questions have surfaced as to whether such services are operating ethically. Sean Detweiler discusses recent charges brought against …

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MBBP Client Kewill Finalizes Acquisition of LeanLogistics

Firm client Kewill announced that as of June 1, 2016, its acquisition of LeanLogistics is closed.  The acquisition will allow the two companies to better serve their customers' supply chain logistics needs. Kewill specializes in enabling its clients to efficiently move their information and goods across the global supply chain through its logistics software. LeanLogistics' is …

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Survey Says: Top NINE Intellectual Property Developments of 2015

By: Callie L. Pioli 2015 was another busy year in terms of intellectual property law, but luckily, MBBP has been carefully monitoring all of the important developments. There were many contenders for spots in our list, but only a select few could make the cut. Get a recap on 2015 (and prepare for success in 2016) by reading …

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Happy Birthday Coca-Cola® Bottle!

100 years ago today, inventor Alexander Samuelson was granted the design patent for the bottle that would come to be known as the iconic Coca-Cola® bottle. The design patent lasted 14 years and then expired, but obviously the design has lived on, and is now considered protected under trade dress laws. The term of design patents filed …

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The Sweetest Trademark Cases of 2015

By Callie L. Pioli In 2015 the U.S. Patent & Trademark Office (“USPTO”) received hundreds of thousands of trademark applications. While the USPTO did not face a scary number of cases in the candy and sweets industry, the ones that did appear addressed some very creative issues. As we prepare for this year’s Halloween and …

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