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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 been blessed to work with filing more than 200 trademark applications for restaurant services. I’m fortunate because I get to work with ones who understand the value of protecting their name and registering it as a trademark.
Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered trademark for businesses. The post The Value of a TrademarkRegistration appeared first on Erik M Pelton & Associates, PLLC.
Note that this field may be subject to changes and developments more than others when it comes to trademarkregistration strategies. The overlapping state and Federal issues regarding the regulation and legality of these products provide unique challenges and strategies related to trademark protection.
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 following is an edited transcript of my video Trademark Tips for Journalists. Journalists consistently struggle with some of the nuance, terminology and language of trademark law. Having a trademark doesn’t mean that you have a trademark registrationit doesn’t even necessarily mean that you have a trademark application.
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.
A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. counsel rule.
trademarkregistration for your trademark on goods or services for your business. Can your trademarkregistration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? The answer is YES!
The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new online trademark application filing forms from the USPTO.
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. If a mark has a likelihood of confusion cited against it with another registration, it cannot be registered at all.
It is important to take a few minutes to search and make sure a name is unique, to file the name with the USPTO to register it, and to hire an experienced trademark attorney to handle the registration process.
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.
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.
I recently created a petition to gather support to encourage the USPTO and other agencies to do more to fight trademark scams. The scams are a scourge on our trademark system, and they are getting worse and worse. Every year, many individuals and businesses fall victim to trademark scams.
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.
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. What is a common law trademark?
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.
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.
The International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks.
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 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 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 our video International TrademarkRegistration 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.
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.
What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.
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). This stands for Trademark Status and Document Retrieval.
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.
Erik reviews the many perks of having a registered trademark in this podcast. The post 25 Benefits of TrademarkRegistration appeared first on Erik M Pelton & Associates, PLLC. Erik reviews the many perks of having a registered trademark in this podcast.
The following is an edited transcript of our video International TrademarkRegistration Basics. We often get asked by clients how they can obtain an international trademarkregistration. The post The Basics of International TrademarkRegistration appeared first on Erik M Pelton & Associates, PLLC.
The following is an edited transcript of my video #1 Tip When Applying For TrademarkRegistration Of all of these tips that I’ve given—probably hundreds over the years—there’s one that is far and away the most important when applying for trademarkregistration. And it’s simple.
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.
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.
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.
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 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. Patience is a virtue.
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!
Courts are divided on whether their power to order the cancellation of trademarkregistrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO).
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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