Erik K Pelton

AUGUST 14, 2021

A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. counsel rule.

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Erik K Pelton

AUGUST 23, 2021

They quoted me a $949,284 estimate to retrieve documents regarding trademark scam letters. Millions of dollars per year are likely be flushed away to these scammers – while trust in the legitimate trademark system and providers erodes, and businesses that were duped have less money to invest in real trademark protection.

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Trademark Business 203

Technology & Marketing Law Blog

JANUARY 9, 2022

A recap of emoji law developments in 2021: Court References. The latest version enumerates a total of 586 opinions through the end of 2021. Courts rarely display the symbols in their opinions; it happened in less than 10% of the 2021 opinions I indexed. I found 166 cases in 2021 (so far), a 23% increase over 2020.

Law 145

Law Registration Settlement Litigation 145

IP Watchdog

AUGUST 16, 2021

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. For Q1 2021, the pendency was up to 4.0

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Trademark Registration Blogging Brands 139

Erik K Pelton

JANUARY 31, 2022

See 2018: Beware of scam from WTMR – World Trademark Register. See 2021: Beware of latest trademark scam from WTMR, LLC. The “Word Trademark Register” is not any official database or directory. For more information, see: How to avoid being taken by a trademark scam. Is This A Trademark Scam?®.

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Trademark Registering Trademarks Publishing Reporting 182

Erik K Pelton

FEBRUARY 15, 2022

The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal. A couple of changes in 2021. And of course, I always recommend that you work with an experienced trademark attorney.

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Trademark Editing Registration Brands 204

The IPKat

SEPTEMBER 20, 2021

The GII 2021 was published by the World Intellectual Property Organization ( WIPO ), in partnership with the Portulans Institute and with the support of its corporate partners. The GII 2021 contains the latest global innovation ranking of 132 economies, relying on 81 indicators. The number VC deals grew by 5.8 percent in 2020”.

Intellectual Property 134

Intellectual Property Editing Publishing Reporting 134

Erik K Pelton

DECEMBER 15, 2022

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. The post Update: Trademark Backlog at the USPTO appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Registration Editing 182

Erik K Pelton

OCTOBER 26, 2021

From the length of trademark application filings to the Trademark Modernization Act, and the influx of filings from China, there are significant USPTO updates that Erik shares in this episode. The post Fall 2021 USPTO News Roundup appeared first on Erik M Pelton & Associates, PLLC.

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Trademark 113

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.

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Registration Trademark Intellectual Property Intellectual Property Law 162

Erik K Pelton

MAY 23, 2022

The following is an edited transcript of my video Trademark Protection for eSports and Gamers. That’s why it is shocking that many of them are not registered with the USPTO and protecting their trademarks. But a gamer that goes by Doctor Disrespect is said to have taken in approximately $6 million in revenue in 2021.

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Trademark Social Media Brands Branding 162

Likelihood of Confusion

NOVEMBER 24, 2024

Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less.

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Blogging Trademark Trademark Law Registration 98

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

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Trademark All Rights Reserved Registration Brands 130

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Erik K Pelton

FEBRUARY 27, 2023

The following is an edited transcript of my video Pickleball: A Boom in Trademark Filings If you haven’t played pickleball yet, you’ve certainly heard about it. In 2021, there were 80. The post Pickleball: A Booming Sport With a Boom in Trademark Filings appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Editing Invention Business 147

IP Watchdog

FEBRUARY 18, 2022

This week in Other Barks & Bites: the Fifth Circuit affirmed Texas A&M’s sovereign immunity win over “12th Man” copyright claims; the EUIPO reported that 2021 ended with more than 200,000 EU trademark applications filed at the agency; DoorDash reported that it received a record number of consumer delivery orders during the fourth quarter (..)

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Reporting Trademark Patent Infringement Law 116

43(B)log

APRIL 28, 2025

Although the trade dress was registered in 2014, when Colasse emailed Trevari alleging infringement in 2021, Trevari responded that the putative trademark was invalid because it was functional, and defendant didnt respond. 2024) Colasse accused Trevari of infringing its trade dress in a [s]pring-loaded glass-breaking device.

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Trademark Registration Designs Design 52

SpicyIP

NOVEMBER 26, 2024

The first week of August 2021 was a critical hinge in the modern history of Indian trade mark law. The Tribunals Reforms Act, 2021 sailed through Parliament. All of it was blown to bits by this singular, decades-long week in August 2021. It is also linked on the IP Books section of this blog.

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Editing Law Intellectual Property Blogging 128

IP Watchdog

AUGUST 31, 2021

On August 3, 2021, the U.S. On June 7, 2021, the U.S. District Court for the Central District of California granted defendant lululemon’s motion for summary judgment regarding allegations of trademark infringement, basing its decision in part on plaintiff’s failure to show likelihood of confusion.

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Trademark Law Designs Design 126

Erik K Pelton

JUNE 15, 2022

The following is an edited transcript of my video How Does the Supply Chain Impact the World of Trademarks? I challenged myself to think about how does the supply chain impact trademarks? But, there are a couple of tangential ways that it does impact the world of trademarks.

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Trademark Registration Brands Branding 147

The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 2021 USPQ2d 1191 (TTAB 2021) [precedential] (Opinion by Judge Mark Lebow). In re Taverna Izakaya LLC , 2021 USPQ2d 1134 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. The United States Olympic Committee v. TTABlogged here ].

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Registration Advertising Advertising Music 113

IP and Legal Filings

NOVEMBER 27, 2024

Some of these unconventional forms of trade mark registrations are explained below: Olfactory/Smell Trademarks An olfactory trade mark is an instance wherein, the scent/smell of a product is usually registered. Exploring the world of Unconventional Trademarks first appeared on IPLF. 1 (01), Dec 2020, pp. January 18, 2023.

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Trademark Registration Brands Branding 52

IP Watchdog

NOVEMBER 6, 2021

The Brazilian Patent and Trademark Office (BPTO) began accepting applications for position trademarks on October 1, 2021. Position marks are trademarks characterized by the particular spot in which they are placed on a product.

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Trademark Registration Brands Branding 115

IP Watchdog

NOVEMBER 3, 2022

trademark system. Patent and Trademark Office (the USPTO) remains a mammoth and international hub of trademark filings. Patent and Trademark Office (the USPTO) remains a mammoth and international hub of trademark filings. In fiscal 2021, trademark application filings topped 943,000, a record high.

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Trademark Patent Government Intellectual Property 122

IP Watchdog

JUNE 5, 2022

The case is Matthias Zirnsack vs. EUIPO, Case R-260/2021-G.

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Trademark Intellectual Property IP 126

SpicyIP

JUNE 17, 2022

Revlon, however, has a more direct connection with India in the trademark sense. The Trade Marks Registry (TMR) lists Revlon and its related brands as ‘well-known’ trademarks in India since 1997. The commercial implications of being declared a well-known trademark are tremendous. v Sarita Manufacturing Co., 1997 PTC 394.

Trademark 126

Trademark Social Media Brands Branding 126

Erik K Pelton

SEPTEMBER 24, 2021

The following is an edited transcript of my video, Why Are US Trademark Applications Taking Longer Than Ever? And it just perfectly expresses the fact that a trademark application, in good times, takes about a year and goes through many, many steps and obstacles along the way. And now, in 2021, it takes even longer than ever before.

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Trademark Registration Government Editing 147

Patently-O

FEBRUARY 1, 2022

The PTO released its public request for information (RFI) on July 9, 2021. The original deadline for response was September 7, 2021, which the PTO extended until October 15, 2021. We reviewed each submission that was made in response to the PTO’s 2021 Patent Eligibility RFI, as posted by the USPTO on Regulations.gov.

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Patent Invention Technology Marketing 122

Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. Brew Shop , but the question before the Supreme Court focuses on Brewery’s opposition to Brew Shop’s multi-class trademark registration application. by Dennis Crouch. 4th 129 (Fed.

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Trademark Registration Marketing Marketing 128

IP Watchdog

OCTOBER 11, 2021

Patent and Trademark Office kicks off the 2021 Hispanic Innovation and Entrepreneurship Program with multiple fireside chats and a panel on building networks and resources available to the community of Hispanic innovators. Elsewhere in D.C.,

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IP Trademark Patent Government 127

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.

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Brands Branding Branding Designs 98

IP Watchdog

NOVEMBER 18, 2021

Patent and Trademark Office yesterday published a final rule implementing the Trademark Modernization Act of 2020 (TMA), which was signed into law as part of the Consolidated Appropriations Act of 2020 last year.

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Trademark Publishing Law Patent 119

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 105

IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

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Trademark Registration Technology Trademark Law 105

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. 20-1817 (Supreme Court 2021). . Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. by Dennis Crouch. Ezaki Glico Kabushiki Kaisha v.

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Designs Design Trademark Patent 133

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021. Dec 15, 2021. Aparajita Lath.

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Non-Fungible Tokens Trademark Artwork Art 122

SpicyIP

JANUARY 28, 2025

Images from here and here In a recent trademark dispute between Evergreen Sweet House v. Brief Facts and Contentions of the Parties Evergreen Sweet House, the plaintiff, instituted a suit for trademark infringement and passing off against JV Evergreen Sweets & Treats and others. Aditi is a final-year B.A., Aditya Birla.

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Trademark Intellectual Property Technology Copying 59