Trademark Specimen

Trademark Specimen showing use.

Trademark Specimen showing use of the Mark to identify your goods/services must be submitted with a trademark application. The specimen must show the Mark as filed and identify the goods/services specified in the application, such as packaging, labels, menu, webpage. Likely a picture of your product with a tag or label or packaging showing the mark and good/product. Continue reading

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Trademark Classes

Trademarks are classified based on the type of product or service the mark is associated with and identifying.  Determine the class of your trademark by reviewing the trademark classes Trademark Classes.

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Can I trademark a slogan?

Can I trademark a slogan, especially on a tee shirt?

No – in general.

The US Trademark Office says:

Products:
Slogans
or phrases used on items such as t-shirts and sweatshirts, jewelry, and ceramic plates have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating the source of the goods. Continue reading

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Why perform a trademark search

Why perform a trademark search/pre-screening?

By performing a trademark search your aim is to discover if any trademarks are in existence, which may be relevant to your choice of a mark or affect the outcome of your own trademark application. Based on the trademark search results you will be able to determine whether or not your mark is cleared for registration (registerable).

You need to know if your mark is under a federal registration (covering all fifty states), state registration, or is in the process of being considered to be eligible for registration. Continue reading

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What is a Trademark

Definition of Trademark

What is a trademark  -A trademark is a form of protection for a product mark™ in the form of a word, name, phrase, tag-line (Standard Characters) symbol, graphic, color (Stylized and/or Design) or a combination word/graphic that identifies a product being introduced in the market place.

Service Mark –A service mark is a mark SM similar to a trademark, except it identifies a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks. Continue reading

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Who can register a Trademark using the President’s Name?

Can anyone register a Trademark using the name of another individual like an athlete or even the President?

Typically a trademark using an individuals name or public figures name in a trademark applications will be refused under  Trademark Act. The Act bars the registration of a trademark that consists of or comprises (whether consisting solely of, or having incorporated in the mark) a name, portrait, or signature that identifies a particular living individual, or a deceased person, including a United States president for the life of the deceased spouse, except by the written consent of the individual or the president’s deceased spouse. Continue reading

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Trademark Infringement on #SocialMedia

Trademark Infringement on #SocialMedia

May 21, 11:45 a.m. – 1 p.m.

The presentation will cover: (a) unique issues brand owners face in connection with social media; (b) social media sites reluctance to get involved in trademark disputes; (c) username squatting, as compared to cybersquatting; (d) trademark enforcement considerations that are unique to social media disputes; (e) use of social media posts/pages as evidence against defendants in infringement suits; (f) third party fair uses, including uses by fans, licensees, critics, unauthorized distributors, resellers, parodists, pranksters, and competitors; and (g) lessons that can be learned from copyright law with respect to contributory trademark infringement.  The presentation will include examples of the various topics from the media and from case law.  And in connection with the fair use discussion, the presentation will consider any parallels that can be drawn from cases involving domain name disputes from the 90s and 00s.

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Can I trademark the Color applied to my Goods

Can I trademark Color applied to my Goods?

For example John Deere has trademarked the distinct shade of Green for their farm equipment line and Coke has trademarked the distinct shade of Red for its cola products. These colors are a crucial branding or product identifier for these companies and companies trademark the distinct color or color combinations to identify their products in the market place. Continue reading

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Can I Trademark as an artist name- band name

Can I Trademark my Band Name or Artist Name?

Yes you can trademark your Band Name or Artist Name under certain circumstances.

If you are using a particular word, graphic, phrase or slogan of  Band Name or Artist Name, you can trademark it to prevent any other artist form using it without your permission.  For example, the mark “Rolling Stones” is a registered trademark for “live musical performer…., entertainment…”.  A Band Name or Artist Name trademark entitles the owner of the trademark to stop others from using their mark or a similar mark on a specific goods & services without their permission.  See additional requirements below. Continue reading

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2014 Trademark Applications and Renewals; Reduction of Fees, Notice of proposed Rulemaking

Trademark Applications and Renewals; Reduction of Fees, Notice of proposed Rulemaking
http://www.gpo.gov/fdsys/pkg/FR-2014-05-09/pdf/2014-10730.pdf

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Trademark Manual Changes 2014

Trademark Manual Changes:

Highlights of April 30 changes to TMEP
http://www.uspto.gov/trademarks/notices/TMEP_April14.jsp

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Can a geographical or location term be a trademark?

If the geographic term is not a separable element or if none of the additional matter that makes up the composite mark is inherently distinctive (e.g., it is merely descriptive or incapable), then the examining attorney must refuse registration of the entire mark on the Principal Register pursuant to §2(e)(2).

If the geographic term is a separable element and the additional matter making up the mark is inherently distinctive as applied to the goods or services (i.e., coined, arbitrary, fanciful, or suggestive), the applicant may either: (1) register the mark on the Principal Register with a disclaimer of the geographic term; or (2) establish that the geographic term has acquired distinctiveness under §2(f).

If a composite mark comprises a geographic term that is primarily geographically descriptive of the goods or services under §2(e)(2), and the mark as a whole would be likely to be perceived as indicating the geographic origin of the goods or services, then the examining attorney must consider: (1) whether the geographic term is a separable element in the mark; and (2) the nature of the additional matter that makes up the composite mark. Continue reading

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Can I trademark an Acronym

Can I trademark an Acronym? Yes provided the wording it stands for is not descriptive of the product or service.

As a general rule, an acronym or initialism cannot be considered descriptive unless the wording it stands for is merely descriptive of the goods or services, and the acronym or initialism is readily understood by relevant purchasers to be “substantially synonymous” with the merely descriptive wording it represents. See Modern Optics Inc. v. The Univis Lens Co., 234 F. 2d 504, 506, 110 USPQ 293, 295 (C.C.P.A. 1956); Baroness Small Estates, Inc. v. Am. Wine Trade, Inc., 104 USPQ2d 1224, 1230-31 (TTAB 2012) (holding CMS not substantially synonymous with the grape varietals cabernet, merlot, and syrah and therefore not merely descriptive for wine); In re Thomas Nelson, Inc., 97 USPQ2d 1712, 1715 (TTAB 2011) (holding NKJV substantially synonymous with merely descriptive term “New King James Version” and thus merely descriptive of bibles). A trademark consisting of an abbreviation, initialism, or acronym will be considered substantially synonymous with descriptive wording if: Continue reading

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Can I Trademark a Book

Can I trademark a book title?

General rule is No for a single work.

The title, or a portion of a title, of a single creative work (such as a book) must be refused registration under §§1, 2, and 45 of the Trademark Act, 15 U.S.C. §§1051, 1052, and 1127, unless the title has been used on a series of creative works. The title of a single creative work is not registrable on either the Principal or Supplemental Register. Continue reading

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Trademark Infringement

Trademark Infringement

Companies must protect their brands and trademarks, among the most valuable of company assets, from infringement and misappropriation in order to preserve the brand value. Call Balser & Grell a 678-202-5990 to discuss monetary and non-monetary remedies available for trademark infringement.

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