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Note that this field may be subject to changes and developments more than others when it comes to trademarkregistration strategies. Businesses and brands in the field of cannabis, cannabidiol (CBD), and hemp need to be aware of special considerations when it comes to brand protection.
New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise. Operational Mechanism of the Madrid Protocol 1.
The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I’ve seen firsthand the power of protecting a restaurant brand. I’ve been blessed to work with filing more than 200 trademark applications for restaurant services. Most restaurants do not have registered trademarks.
Food trucks have a heightened need to proper trademark protection: The industry is booming and growing rapidly, with lots of new brand names being developed every month. Therefore, without USPTO registration, a food truck brand is only protected in the local geographic area where it operates and not anywhere else in the U.S.
The Amazon Brand Registry allows owners of a trademark to protect their goods from counterfeiters and those infringing on the brand. In other words, by filing a trademark application with the USPTO, one can get into the Registry with Amazon in just a matter of days.
The following is a transcript of my video Vaccinate Your Brand with TrademarkRegistration. Trademarkregistration is like a vaccine to protect your brand from harms and dangers and risks, because when we get vaccinated, we’re boosting our immune system. It’s a hybrid of half-vaccinated.
The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. A patent registration generally lasts for 20 years from the time the application was filed.
The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. All a business really needs is some creativity and wit so that it can begin building a bold brand via a great name.
Building a brand is no small task. While many businesses go through the process of trademarkregistration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.
Introduction Registration of a trademark is an important step toward building a brand on solid ground. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademarkregistration.
February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.
The following is an edited transcript of Chapter 7 of my book video Building a Bold Brand Chapter 7: Registration is the Keystone to Brand Protection While there are many incredible sights and millennia of history to write about in the city of Rome, one feature is central to all of the great buildings there: arches.
My first trademark application was filed 25 years ago today on Dec. In those 25 years, I have filed more thousands of trademark applications for clients. And our clients have received more than 4,500 USPTO registration certificates. Our team has grown as well!
The following is an edited transcript of my video, Having TrademarkRegistration is Like Double Insurance for Your Brand. What does this have to do with trademarks?!? Trademarkregistration, believe it or not, is just like that insurance and that smoke detector and fire extinguisher for your brand.
The following is an edited transcript of my video TrademarkRegistration Provides Double Protection. Trademarkregistration is such a valuable tool to protect a brand that it actually offers double protection, both before and after an incident occurs, should one happen.
Trademarkregistration guards a brand in the USPTO database 24 / 7/ 365 when other people are research new brand name possibilities, and when examiner are reviewing new trademark applications for possible conflicts. For more PELTONISMS®, see: [link]. For more PELTONISMS®, see: [link].
Law firms have brands and trademarks too! Erik explains how law firms can protect their firm name and other branding elements, and shares some of the reasons they benefit from trademarkregistration. The post Protecting a Law Firm Brand appeared first on Erik M Pelton & Associates, PLLC.
Registration of a trademark with the USPTO acts like both a smoke detector and a fire extinguisher. The registration works like a detector to help minimize the chances of an infringement situation, and it acts like an extinguisher to help extinguish infringements that arise quicker and easier.
The following is an edited transcript of my video State vs. Federal TrademarkRegistration. When we’re dealing with the world of trademarks, more than 99% of the time we’re dealing with federal trademark protection with the USPTO, which extends to all 50 states, as well as the District of Columbia and US territories.
Obtaining a registration may be statistically more difficult, given the sheer number of existing registrations, and is therefore much more valuable. Obtaining a registration may be statistically more difficult, given the sheer number of existing registrations, and is therefore much more valuable.
That feeling that our clients get when they receive their trademarkregistration certificate – pride in their brand, and assurance know that it is protected – I know that feeling firsthand, having received more than 10 trademarkregistrations for our own EMP&A brands!
The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademarkregistration certificates on paper to all registrants automatically, and are instead issuing them electronically. I love my registration certifi9cates. I think that’s a great idea.
The following is an edited transcript of my video When Should I Apply for TrademarkRegistration? One of the most frequent questions I get is “When should I begin the process to start applying to register my trademark as a business owner?” What if you started using the brand name on social media?
It may not be easy to find a create, creative, bold brand name. It doesn’t come easy, but the effort is worth the challenge – and the time and energy involved – to standout with customers and competitors, and to improve the odds of USPTO trademarkregistration. More Peltonisms® at [link].
The following is an edited transcript of my video What is a Presentation Copy of a TrademarkRegistration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. Check the USPTO website on how to order a certified copy of your registration.
The following is an edited transcript of my video TrademarkRegistration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademarkregistration and the protections created by it–the benefits created by it–the sum really is greater than the parts.
Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters.
The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The TrademarkRegistration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Search first.
The following is an edited transcript of Chapter 9 of my book video Building a Bold Brand: Registration: Better Late than Never Ideally, a business should protect its trademarks from the outset, filing as the brand launches or even earlier based on an intent-to-use the mark. Probably not!
The following is a transcript of my video Amazon Brand Registry Update for Trademark Owners. For those of you who sell online, you’ve probably heard of the Amazon Brand Registry. We have worked with many, many clients who have participated in the Amazon Brand Registry or otherwise sellers on Amazon.
The following is an edited transcript of our video The Importance of International TrademarkRegistration. We are often asked, “Why should I apply to register my trademark in other countries?” The post International TrademarkRegistration: why and when appeared first on Erik M Pelton & Associates, PLLC.
Sazerac Brands, LLC , 2023-1682 (Fed. March 12, 2025) In an interesting trademark decision, the Federal Circuit has clarified that terms once considered generic do not necessarily remain permanently unregistrable. provides important guidance on genericness timing and addresses a question of first impression in trademark law.
The following is an edited transcript of my video 25 Branding Tips. As we celebrate our 25th year, I am excited to share 25 branding tips with you: Choose a creative name – it’s the foundation you begin with to build a bold brand. Register your trademark. Don’t use your brand name as a verb.
INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.
The following is an edited transcript of my book video Building a Bold Brand Chapter 3: Bold Brands are Everywhere. Bold brands, great trademarks, memorable logos, and witty slogans are all around us. Searching for a new brand name is difficult, but the extra effort and perseverance is absolutely worthwhile.
The following is an edited transcript of my video Brand Protection Cheat Sheet. I like to have visual aids when explaining topics, so I came up with the cheat sheet below for new brands to go through the basic steps for trademark protection and for building a bold brand. Apply for registration with the USPTO.
Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry. The defendant had also applied for registration of ZEO and eZEO in Class 12. Her previous posts can be found here.
The following is an edited transcript of my video, Is Your Brand Seaworthy? Is your brand seaworthy? You’ll see what I’m talking about with my comparison of trademark and brand protection to a strong ship navigating the ocean waters. A boat also needs a sturdy, solid hull.
The number of influencers who generate significant revenue, sometimes millions of dollars, stemming from their personal brand and yet have never filed for trademarkregistration is astonishing.
Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.
The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Buildings can be registered as trademarks. That’s a registered trademark.
Small business owners should consider securing a federal trademarkregistration as a means of safeguarding their business identity and distinguishing themselves from competitors.
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