Erik K Pelton

OCTOBER 14, 2022

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.

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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.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

JD Supra Law

JANUARY 17, 2025

The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. Fees are increasing for initial filings, establishing use, and maintaining registrations.

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Trademark Registration Patent 105

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. About Erik M.

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Registration Trademark Intellectual Property Intellectual Property Law 162

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

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.

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Trademark Law Registration Editing 147

Plagiarism Today

OCTOBER 26, 2021

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. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

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Trademark Copyright Cease and Desist Copying 279

Erik K Pelton

NOVEMBER 8, 2022

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 trademark registration. The post Protecting a Law Firm Brand appeared first on Erik M Pelton & Associates, PLLC.

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Branding Branding Brands Law 182

SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. 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.

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Trademark Marketing Marketing Trademark Law 107

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Music 128

Erik K Pelton

MARCH 11, 2024

There are a lot of trademark lawyers out there, and different firms can be a fit for different trademark owners depending on the client’s needs. Do they own trademark registrations of their own and practice what they preach? How many registrations have they obtained for their clients?

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Trademark Law Trademark Law Editing 130

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. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Trademark Law Trademark Law Branding 52

Indiana Intellectual Property Law

APRIL 2, 2025

JOHN FIRE E.M.S.

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Registration Trademark Business Law 52

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.

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Business Trademark Registration Branding 62

JD Supra Law

APRIL 1, 2025

Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO).

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Trademark Registration Patent 65

Erik K Pelton

MAY 9, 2022

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.

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Trademark Registering Trademarks Registration Design 189

Erik K Pelton

JULY 5, 2022

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.

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Trademark Intellectual Property Law Intellectual Property Government 211

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. Shezan Services claims to own the SHEZAN trademark and logo for these products. Customs and Border Protection (CBP) detain shipments of genuine Shezan products.

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Registration Trademark Branding Branding 40

IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. 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.

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Trademark Branding Brands Branding 59

43(B)log

MARCH 19, 2025

As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Each sought to create a space where their cultural and religious identities were represented fairly.

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Trademark Trademark Law Registration Registering Trademarks 52

IP and Legal Filings

JULY 11, 2024

INTRODUCTION The time it can take to register a trademark can therefore take longer depending on several factors such as the jurisdiction to which it was processed, the materials that have been included in the application as well as whether there are opposing voices or objections prevailing over the trademark.

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Registration Trademark Reporting Government 98

Intellectual Property Law Blog

NOVEMBER 8, 2023

the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No.

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Registration Trademark Litigation Law 264

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

Patently-O

MARCH 12, 2025

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. Sazerac Brands, LLC , 2023-1682 (Fed.

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Trademark Registration Branding Branding 66

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. The concept of unconventional trademarks has a relatively short history.

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Trademark Intellectual Property Branding Branding 52

IP and Legal Filings

NOVEMBER 27, 2024

However, in some rare instances there are some other peculiar forms of trade mark registrations as well. These are not the most conventional forms of registrations and are often accounted for a higher degree of proof due to their nature. There are numerous issues that may arise for the registration of smell mark.

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Trademark Registration Branding Brands 52

Indiana Intellectual Property Law

MARCH 4, 2025

7707245 RHETT 7706700 EBGLYSS 7707190 KYLO 7685599 ROOSTERFIT 7707192 RENALDI 7695891 UNCOMMON RELATIONSHIPS. WE BUILD IT.

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Registration Trademark Art Design 52

SpicyIP

OCTOBER 27, 2024

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Volume IX, Issue I [Submit by January 10, 2025] National Law University, Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for its upcoming issue (Volume IX, Issue I). in Intellectual Property Law & Management Programme.

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Trademark Copyright Cease and Desist Registration 103

Erik K Pelton

DECEMBER 9, 2022

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. Defense – Common law rights acquired by use of the mark.

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Cease and Desist Trademark Registration Brands 147

IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

Design 52

Design Designs Law Intellectual Property 52

Indiana Intellectual Property Law

FEBRUARY 13, 2025

7657419 BLUE ABA THERAPY 7657420 BLUE ABA 7657418 BLUE ABA 7654067 THE CA WAY 7645031 RED FOXES INDIANA UNIVERSITY FORT WAYNE 7639224 ULTIMA PRO 7673590 PAVABALL 7654861 LHP 7648052 AWARDMAKERS.NET 7659237 VAPR 7637635 A TICKET $100.00 ADMIT E 2 HOME PRISON GREYHOUNDS … BEYOND THE RACE.

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Registration Trademark Business Design 52

The TTABlog

OCTOBER 12, 2023

The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The Registration here.

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Trademark Law Law Trademark Intellectual Property 105

JD Supra Law

JUNE 7, 2024

Last week, the Canadian Trademarks Office began issuing “pre-assessment letters” for certain trademark registrations which have never been classified under the Nice Classification system. The Nice Classification system was adopted in Canada on June 17, 2019.

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Registration Trademark 114

The IPKat

JANUARY 8, 2025

A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. The examiner found no conflicting trademarks, so the word mark application was allowed. This included both a word mark and a figurative mark.

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Trademark Branding Branding Brands 69

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

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Trademark Registration Marketing Marketing 138

IP Watchdog

JANUARY 6, 2025

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

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Trademark Branding Branding Brands 52

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.

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