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.

Trademark 106

Trademark Registration Patent 106

Erik K Pelton

JANUARY 6, 2025

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.

Branding 100

Branding Branding Brands Trademark 100

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.

Registration 162

Registration Trademark Intellectual Property Intellectual Property Law 162

Erik K Pelton

MARCH 14, 2022

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.

Trademark 264

Trademark Registration Editing Ownership 264

Erik K Pelton

AUGUST 5, 2022

The following is an edited transcript of my video When Should I Apply for Trademark Registration? 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?” Patent and Trademark Office.

Registration 147

Registration Trademark Social Media Branding 147

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).

Trademark 67

Trademark Registration Patent 67

Erik K Pelton

NOVEMBER 1, 2021

The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. What does this have to do with trademarks?!? Trademark registration, believe it or not, is just like that insurance and that smoke detector and fire extinguisher for your brand.

Registration 147

Registration Branding Branding Brands 147

IP and Legal Filings

JULY 11, 2024

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.

Registration 105

Registration Trademark Copyright Intellectual Property 105

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.

Registration 128

Registration Trademark Social Media Designs 128

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

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration 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. Patience is a virtue.

Registration 130

Registration Trademark Branding Branding 130

IP Watchdog

AUGUST 19, 2021

Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. The report ultimately found that the trademark registration process was ineffective in this respect.

Registration 128

Registration Trademark Reporting Publishing 128

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.

Trademark 211

Trademark Intellectual Property Law Intellectual Property Government 211

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. Continue reading this post on Patently-O.

Trademark 66

Trademark Registration Branding Branding 66

Erik K Pelton

APRIL 10, 2023

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. I want to apply that to copyright registration Who can register a copyright? What is a copyright registration? A copyright registration is a certificate.

Registration 162

Registration Copyright Intellectual Property Editing 162

SpicyIP

JANUARY 20, 2025

Case Summaries Gilead Sciences Inc vs Union Of India on 19 December, 2024 (Madras High Court) Image from here The writ petition pertains to a patent application filed by the petitioner, which was contested by the 4 th respondent through a post-grant opposition. The defendants were unable to establish prior use and legitimate registration.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

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.

Registration 98

Registration Trademark Reporting Government 98

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. Post Registration Fees. 23, 2019).

Trademark 184

Trademark Registration Branding Brands 184

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.

Registration 264

Registration Trademark Litigation Law 264

Patent Trademark Blog

FEBRUARY 13, 2025

Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Let’s explore smarter options when your trademark application is rejected again. Need to overcome a second trademark rejection? Trademark rejected again for being merely descriptive?

Trademark 52

Trademark Due Diligence Registering Trademarks Registration 52

Erik K Pelton

APRIL 7, 2022

This trademark scammer has recently moved addresses to 2058 County Line Road #113, Huntingdon Valley, PA 19006. But the scam is the same — warning about trademark registration renewal deadlines with false information long before renewal can be filed. What services do they offer in exchange for their fee?

Trademark 162

Trademark Patent Registration Government 162

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.

Trademark 69

Trademark Branding Branding Brands 69

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? Trademarks are governed by the Trade Marks Act, 1999 in India. Registration is not mandatory, but recommended. It is governed by the Patent Act, 1970.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Patent Trademark Blog

JANUARY 15, 2025

Are we talking about real or theoretical trademark confusion? What makes one trademark too similar to another? When you are thinking of a new product name to apply for, how do you avoid choosing a mark that might get rejected for being confusable with other trademarks? Need to apply for a trademark that avoids confusion?

Trademark 52

Trademark Registration Blogging Marketing 52

Patently-O

APRIL 4, 2023

Apple Computer Company was founded in the mid-1970s and almost immediately sued for trademark infringement by Apple Corps (the parent company of Apple Records). It also filed to register a trademark on the mark. Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. ” Slip Op.

Music 111

Music Registration Trademark Settlement 111

SpicyIP

OCTOBER 27, 2024

Case Summaries L Oreal vs Graphics Traders on 19 October, 2024 (Delhi District Court) Image from here The plaintiff filed a suit alleging import of counterfeit cosmetics by the defendant, bearing its trademarks- “MAYBELLINE” and “BABY LIPS”. No written statements were filed by the defendants. Sri Narasus Coffee Company Private Ltd vs M/S.

Trademark 103

Trademark Copyright Cease and Desist Registration 103

JD Supra Law

FEBRUARY 21, 2024

The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a feature, function, or characteristic of applicant’s goods and services.”. By: AEON Law

Trademark 114

Trademark Patent Registration Law 114

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. First Action Pendency (months) in Q1 of 2020 was 2.8

Trademark 139

Trademark Registration Blogging Branding 139

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. Zero trademarks. Zero trademark protection in terms of registering and enhancing that protection.

Trademark 162

Trademark Social Media Branding Branding 162

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.

Trademark 52

Trademark Intellectual Property Branding Branding 52

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.

Trademark 52

Trademark Branding Brands Branding 52

Patent Trademark Blog

JANUARY 5, 2023

Has your trademark application received a Section 2(d) likelihood of confusion rejection? So your trademark application has been refused registration on the basis that your mark is confusingly similar to at least one registered mark. This is a strategic decision you will want to discuss with your trademark attorney.

Registration 98

Registration Trademark Blogging IP 98

JD Supra Law

JUNE 17, 2024

Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to respond to a petition for cancellation. By: Kelley Drye & Warren LLP

Trademark 120

Trademark Registering Trademarks Registration Patent 120

SpicyIP

SEPTEMBER 13, 2023

Image by storyset on Freepik The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The eligibility of the candidates for the Trademarks Agent Exam is given under Rule 144 of the Trade Marks Rules, 2017 and the eligibility of the candidates for the Patent Agent Exams is given under Section 126 of the Patents Act, 1970.

Trademark 110

Trademark Patent Registration IP 110

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.

Trademark 138

Trademark Registration Marketing Marketing 138

Erik K Pelton

OCTOBER 8, 2021

The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark. And a lot of brand owners don’t realize that it’s not very difficult and not very expensive to register and protect their trademark with US Customs and Border Protection. And the costs are not terribly large.

Trademark 147

Trademark Registration Branding Branding 147

JD Supra Law

DECEMBER 13, 2021

intellectual property registration system, the U.S. Patent and Trademark Office (USPTO) plans to stop issuing patent and trademark certificates in hard copy format. As part of its plan to modernize the U.S. By: Fox Rothschild LLP

Copying 120

Copying Trademark Intellectual Property Patent 120