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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. Trademark protection can help avoid or solve domain name trademark issues. Food trucks are generally very local businesses.
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
Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. The overlapping state and Federal issues regarding the regulation and legality of these products provide unique challenges and strategies related to trademark protection.
Trademark scams take all forms, unfortunately. Tip: Work with an experienced trademark attorney. The post Tips for avoiding the latest trademark scams appeared first on Erik M Pelton & Associates, PLLC. They come by snail mail, by email, by telephone, and via websites. Here are some tips to help avoid these scams.
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 great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court. Are you sure that the party to whom you are writing was not using the trademark first and cannot respond by asserting a claim against you?
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.
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.
The ruling addressed VIP’s defenses to trademark infringement and trademark dilution. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law. The High Court ruled that VIP had no defense to either cause of action.
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 post 10 reasons that small businesses need to protect their trademarks appeared first on Erik M Pelton & Associates, PLLC.
but it also raises some serious copyright and trademark issues. The post Copyright, Trademark and Willy’s Chocolate Experience appeared first on Plagiarism Today. The recent "Glasgow Willy Wonka Event" may have launched a thousand memes.
The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. The post The Death of the Superhero Trademark appeared first on Plagiarism Today. Here's what it means.
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 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.
Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.
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 trademark registration.
The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today. While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them.
Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today. The long-running YouTube series Zero Punctuation has come to an abrupt end.
The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today. Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on.
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.
Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection.
We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC. We are growing again at EMP&A. The post We’re growing (again) !
The USPTO comments, submitted on December 2, 2022, highlight the wide range of scams that are impacting the trademark system today, and their tremendous impact on all types of trademark operations. The USPTO recently submitted comments to the FTC regarding its proposed rulemaking, Rule on Impersonation of Government and Businesses.
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.
The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. 18, 2025, except for the fees for international applications filed under the Madrid Protocol, which will take effect on Feb.
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 post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today. Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. However, the story is more complicated.
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 Trademark Registration appeared first on Erik M Pelton & Associates, PLLC.
We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.
trademark owners intellectual property, and threaten the safety of U.S. Patent and Trademark Office (USPTO), from enforcing any trademark that was stolen. In 2024, Americas legislators continued their effort to fight against the harmful impact of counterfeit products being sold to American consumers.
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. I was a young entrepreneur building a new firm based on flat fees, efficiency, and exceptional services, with a website coded myself in HTML, and with experience as a USPTO examiner.
A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.
What followed was the plaintiff seeking a permanent injunction, restraining the defendant from infringing and passing off its trademark. Well-Researched Bona fide Decision: The defendants adoption of the eZEO/ZEO marks followed thorough research on the Trademark Registrys Search Portal. Her previous posts can be found here.
trademark registration for your trademark on goods or services for your business. Can your trademark registration 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!
During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world.
But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.
Why monitor your registered trademark? Learn more about monitoring at [link] The post 3 Reasons for a Trademark Watch Service appeared first on Erik M Pelton & Associates, PLLC. Why monitor your registered trademark? Erik shares 3 reasons why this is valuable for your brand in this episode.
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.
On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants affiliates when those affiliates are not themselves named as defendants in the lawsuit.
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. OAI) and its president Guy Ravine in a trademark infringement matter brought by OpenAI, Inc. By: Erise IP
And with the new “Trademark Center” come new and increased filing fees. For much more on the new fees and new application form, see Changes to USPTO Trademark Fees: What You Need to Know The post Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees appeared first on Erik M Pelton & Associates, PLLC.
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