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The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. A part-wise summary of the first edition is here.
The following is an edited transcript of my video 25 Key Trademark Terms. Here are twenty-five terms that are critical to know about in the world of trademark and trademark protection and registration. The post 25 Key Trademark Terms appeared first on Erik M Pelton & Associates, PLLC.
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. Trademarks get registered with the USPTO. A trademark registration can use the symbol.
The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Search quarterly on those main sites for your trademark(s). Here are five excellent—and free!—resources
The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. Then, talk to an informed attorney.
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. In fact, small businesses may be even more capable.
The following is an edited transcript of my video What is the Supplemental Register of Trademarks? The main register of trademarks at the USPTO is called the Principal Register. The post What is the Supplemental Register of Trademarks? appeared first on Erik M Pelton & Associates, PLLC.
The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I’ve been blessed to work with filing more than 200 trademark applications for restaurant services. Most restaurants do not have registered trademarks. I love restaurants for many reasons.
Top Trademark Trends of 2021. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Trademark scams continued to proliferate, despite some increased efforts to crack down.
The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Patent and Trademark Office has a very robust website that has tons of useful information? TEAS stands for the Trademark Electric Application System (T-E-A-S acronym). Did you know that the U.S.
The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. Patent and Trademark Office and their logos.
Patent and Trademark Office (USPTO) and the courts continued to address emerging legal issues at the intersection of AI and intellectual property (IP). Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. In 2024, the U.S.
The following is an edited transcript of my video “Can an Emoji Also Be a Trademark?” People often ask me, “Can I register an emoji as a trademark?” The purpose of trademark law is to indicate the source of a product or service. The post Can an Emoji Be Registered as a Trademark?
The following is an edited transcript of my video Key Trademark Search Terms. This set off an alert in my brain, because I had been looking for the perfect metaphor to describe the different types of trademark searches and the language around them. And that is what, in my mind, a comprehensive trademark search is.
The following is an edited transcript of my video Do These 5 Things When Starting a New Business. Then you’re going to do a comprehensive search working with a trademark attorney. Form an LLC or corporation with the state. That gives you some layer of legal protectionmay not be completebut a layer is better than none.
Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought. What Changed from the Fifth to the Sixth Editions? Price: $12.
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. Those are the key elements and aspects regarding an appeal to the Trademark Trial and Appeal Board.
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.
The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration. It’s risky to apply for a trademark anytime. Working with a trademark attorney reduces those risks considerably, and therefore the R.O.T.I There are fees, costs, time involved.
The following is an edited transcript of my video Trademarks: Measure Twice, Cut Once. What could carpentry and trademarks possibly have in common? This applies to the world of trademarks as well. So just like in carpentry, when it comes to your trademark, measure twice, cut once.
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.
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.
The following is an edited transcript of my video Trademark Application Checklist. One of the great resources produced by the USPTO for trademark filers is the Trademark Manual of Examining Procedure (TMEP), which has hundreds of sections, guidelines, rules and procedures. Within that (TMEP, Sect. Within that (TMEP, Sect.
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. Zero trademarks. Zero trademark protection in terms of registering and enhancing that protection.
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business.
The following is an edited transcript of my video What Are the Steps in the USPTO Trademark Application Process? The trademark application process is very complex. Experienced trademark attorneys know every step of the way because we deal with it repetitively over and over again. Learn more about working with us here.
The following is an edited transcript of my video Protecting a Law Firm Brand. We’ve actually worked with some trademark and IP law firms because—believe it or not—law firms sometimes get in disputes over brand names, just like other businesses, and we feel blessed that other firms have come to us to help protect their brand.
The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We can apply it to trademark protection as well.
The following is an edited transcript of my video The Recipe for Strong Trademark Protection. The recipe for strong trademark protection is a very simple one. What you need for strong trademark protection is a creative and unique name, register it with the USPTO, use that brand name properly, and enforce and renew it as needed.
The following is an edited transcript of my video What is the Trademark Public Advisory Committee (TPAC)? The Trademark Public Advisory Committee (TPAC) is a public committee commissioned by the USPTO that helps advise and give feedback on important issues. The post What is the Trademark Public Advisory Committee (TPAC)?
The following is an edited transcript of my video State vs. Federal Trademark Registration. 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.
The following is an edited transcript of my video 5 Trademark Lessons from Ted Lasso. Here are five trademark lessons we can apply from the show: If you’ve seen Ted Lasso, you’ve seen the Believe poster in the locker room. In the world of trademarks, underdogs can succeed just as much. Underdogs can succeed.
The following is an edited transcript of our video International Trademark Registration Basics Trademark rights are generally limited to the country in which they are registered, but there are international agreements that allow you to file a single application to obtain trademark protection in more than one country at once.
The following is an edited transcript of my video The Benefits of Trademark Monitoring. Trademark monitoring is a tremendous tool in the toolkit for brand owners. The post The Benefits of Trademark Monitoring appeared first on Erik M Pelton & Associates, PLLC. There may be a tremendous value for your brand as well.
The following is an edited transcript of my video Key Trademark Terminology. The same thing can apply in the world of trademarks. If you work with a trademark attorney, you have a better chance of getting it right, and part of it is because of knowing the terminology.
The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.
The following is an edited transcript of Chapter 15 of my book video Building a Bold Brand: Avoiding Generic Use In the last few years, more and more brands have added a generic product or category name after their brand name on packaging. Some brands simply use the term “Brand” after their brand name or trademark for the same purpose.
The following is an edited transcript of our video Trademark Refusal: Genericness. Once you apply for a trademark at the USPTO, there are numerous grounds on which your mark can be refused registration, one of which is a claim that your mark is generic.
Protecting your trademark now to potentially block, stop, or avoid future infringement is extremely valuable. A trademark registration is an important tool in seeking to enforce rights against someone cybersquatting on a domain name (a Uniform Domain- Name Dispute-Resolution Policy (UDRP) domain name complaint).
The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. This statement is really true when it comes to trademarks. Yes, it takes some time and money to protect a trademark upfront. Why is it so valuable to do that?
10The following is an edited transcript of my video, Preventing Trademark Problems is Like Preventing Cavities. Preventing trademark problems is like preventing cavities. How does that apply to trademarks? The genetic part of the equation is akin to choosing a creative, bold, unique trademark from the start.
The USPTO recently released its FY 2021 Performance and Accountability Report, which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. To answer that question: By: Fox Rothschild LLP
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. The post Pickleball: A Booming Sport With a Boom in Trademark Filings appeared first on Erik M Pelton & Associates, PLLC. In 2021, there were 80.
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