Erik K Pelton

FEBRUARY 11, 2025

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.

Intellectual Property 189

Intellectual Property Intellectual Property Law Trademark Registration 189

Erik K Pelton

OCTOBER 14, 2022

The following is an edited transcript of my video State vs. Federal Trademark Registration. However, if you can’t get nationwide registration at the USPTO, then it’s worth considering filing for state registration. That’s where there’s a real benefit to getting state registration.

Registration 147

Registration Trademark Editing Business 147

IP and Legal Filings

JANUARY 8, 2025

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. Under Rule 2007 of IPR Rules, trademarks can be recorded with customs authorities.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

azrights

MAY 3, 2022

Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . So, I wrote Brand Tuned, the new rules of branding, strategy and intellectual property. . The world of branding needs to change.

Brands 119

Brands Branding Branding Registration 119

The IPKat

OCTOBER 29, 2024

This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Whilst the historical element could be said to be more of academic than practical interest, in my view it is pitched at the right level of detail and provides helpful context in understanding the current state of the law and its intentions.

Editing 69

Editing Designs Design Law 69

Erik K Pelton

JANUARY 16, 2023

The following is an edited transcript of my video What Are Common Law Trademark Rights? What are common law trademark rights? These are rights that a business receives from using a trademark, brand name, logo, slogan, or some other indicator or source without registering it. There are limitations.

Trademark 147

Trademark Law Registration Editing 147

Erik K Pelton

JULY 2, 2024

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. Brand names are at the core of a brand’s persona. Be creative.

Brands 130

Brands Branding Branding Editing 130

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. Kartikeya is a second-year law student in the LL.B. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. Image from here [ This post is authored by SpicyIP intern Kartikeya Srivastava.

Designs 58

Designs Design Law Intellectual Property 58

Erik K Pelton

MAY 12, 2021

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.

Brands 130

Brands Branding Branding Trademark 130

Erik K Pelton

NOVEMBER 12, 2023

Pelton & Associates (EMP&A) is a boutique firm focusing on trademark 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.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

Erik K Pelton

JULY 16, 2024

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.

Brands 130

Brands Branding Branding Trademark 130

Indiana Intellectual Property Law

MARCH 24, 2025

The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services trademarks in the United States and used these registrations to have U.S. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.

Registration 40

Registration Trademark Brands Branding 40

JD Supra Law

APRIL 2, 2025

Many business owners view trademark registration as a smart investmentand theyre right. A federal registration gives you valuable legal advantages, including nationwide priority, a presumption of ownership, and stronger tools to protect your brand. But registering a trademark doesnt give you absolute control. By: Offit Kurman

Registration 65

Registration Brands Branding Branding 65

Kashishipr

APRIL 27, 2022

While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper. The Indian Trademark Law and Motion Marks. It elaborates on the registration, protection, and enforcement of non-conventional trademarks keeping in mind the interests of the applicants.

Registration 105

Registration Trademark Branding Branding 105

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. These markings play a crucial role in differentiating brands and improving the customer experience. are two examples.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Kashishipr

APRIL 6, 2022

Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration. This article shall discuss the foundations of sound trademark registrations in India while giving examples of widely known sounds trademarks.

Registration 105

Registration Trademark Intellectual Property Branding 105

TorrentFreak

NOVEMBER 30, 2023

Domain names also play an important role in conveying branding and as a result can be worth considerable sums of money. That included those whose names appeared in public WHOIS databases as registrants or owners of domains. The RDRS helps by providing a simple and standardized process to make these types of requests.

Registration 123

Registration Public Domain Privacy Intellectual Property 123

JD Supra Law

NOVEMBER 18, 2024

The case has been awaited with interest by brand owners and the trade mark community, as it addresses significant issues regarding trade mark validity and bad faith in the context of broad trade mark registrations. By: Morrison & Foerster LLP

Television 81

Television Registration Branding Brands 81

Erik K Pelton

JANUARY 6, 2022

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Our intern will have an interest in Intellectual Property law; solid research and writing skills; and attention to detail and deadlines.

Intellectual Property 231

Intellectual Property Intellectual Property Law Trademark Registration 231

JD Supra Law

NOVEMBER 8, 2024

Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors.

Business 62

Business Trademark Registration Branding 62

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

Law 105

Law Branding Branding Brands 105

IP and Legal Filings

APRIL 7, 2025

A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace. They protect businesses against “Unfair Competition” by preventing others from using that equity of the trade brand.

Trademark 59

Trademark Branding Branding Brands 59

Patently-O

MARCH 12, 2025

Sazerac Brands, LLC , 2023-1682 (Fed. provides important guidance on genericness timing and addresses a question of first impression in trademark law. by Dennis Crouch Bullshine Distillery LLC v. Both parties appealed.The Federal Circuit, in an opinion by Chief Judge Moore, affirmed the TTAB decisions in both cases.

Trademark 66

Trademark Registration Branding Branding 66

TorrentFreak

FEBRUARY 28, 2025

The timing of the law enforcement actions coincided with the Super Bowl, presumably to establish maximum impact. These actions did not focus on a specific pirate streaming site but targeted popular pirate brands instead. Earlier this month, U.S.

Government 123

Government Ownership Registration Intellectual Property 123

IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

Branding 98

Branding Brands Branding Trademark 98

IIPRD

MARCH 13, 2025

Intellectual Property Rights are the bundle of rights given to the owner or creator of IP by the virtue of law that governs that specific IP. Image Sources: Shutterstock] Key Features: Registration of trademark is mandatory for protection against infringement, but not against passing off. Registration is not mandatory, but recommended.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

The IPKat

MARCH 24, 2025

However, neither the EUIPO Examiner, nor the BoA , nor the EU General Court allowed the registration of the sign below as an EU trade mark due to lack of inherent distinctiveness under Article 7(1)(b) EUTMR. The Examiner, again, refused registration, on the basis of insufficient evidence. The applicant appealed this finding to the BoA.

Marketing 78

Marketing Marketing Registration Branding 78

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Rooted in the expansion of brand identity, their evolution began in the mid-20th century, gaining traction with sound and colour marks.

Trademark 52

Trademark Intellectual Property Branding Branding 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. The question, therefore, remains wide open: ‘ Can a single colour mark acquire registration in India?

Registration 98

Registration Trademark Trademark Law Law 98

IP Watchdog

JANUARY 6, 2025

Slogans play a crucial role in branding, serving as memorable and important expressions of a companys identity. In Brazil, slogans are eligible for trademark registration, but their acceptance has historically been limited by strict requirements for distinctiveness and functionality.

Trademark 52

Trademark Branding Branding Brands 52

Technology & Marketing Law Blog

JULY 26, 2021

[The 2021 edition of my Internet Law casebook is coming soon. The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law. The CCB is part of the Copyright Office, reflecting the office’s existing expertise in copyright law. This excerpt is a new note on the CCB.

Copyright 142

Copyright Law Registration Copyright Infringement 142

Kashishipr

MAY 11, 2022

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. Law on Color Trademarks in India. Final Thoughts.

Trademark Law 105

Trademark Law Trademark Law Branding 105

Erik K Pelton

DECEMBER 9, 2022

Goalie – The ultimate protector and backstop: Trademark Registration. Defense – Common law rights acquired by use of the mark. Offense – goal scoring and attacking: litigating as needed to protect the brand.

Cease and Desist 147

Cease and Desist Trademark Registration Branding 147

The IPKat

JANUARY 8, 2025

After 16 years of research and testing the variety, UGA decided to brand the new turfgrass as SeaBreeze. Initially, the name appeared to be par for the course: UGA has a tradition of naming its salt tolerant paspalum varieties with the "Sea" prefix, and the SeaBreeze brand was meant to evoke images of waterfront golf courses and lawns.

Trademark 69

Trademark Branding Branding Brands 69

IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

Trademark 52

Trademark Branding Branding Brands 52

JD Supra Law

MARCH 12, 2024

With the constant rise of counterfeiting, protecting one’s brand is now more important than ever. Many brand owners already take protective steps to protect their brands such as registering brands through trademark and copyright registrations and monitoring fraudulent use of said brands.

Brands 79

Brands Branding Branding Social Media 79

JD Supra Law

MARCH 14, 2024

Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark infringement by competitors and enforcing your intellectual property rights. By: Partridge Snow & Hahn LLP

Brands 68

Brands Branding Branding Trademark 68