As a business owner, it is exciting to have a business that is making progress and becoming well-known. While you continue your operations, it is a good idea to consider trademarking your business name. There are many benefits to obtaining a trademark and doing so will ensure that your business name stays unique to your …
In honor of President’s Day, we’ve rounded up a few Presidential trademarks registered with the United States Patent and Trademark Office: PRESIDENT PUTZY PANTS- Children’s book, t-shirts, bumper stickers, and coffee mugs. PRESIDENT’S CUP-professional golf tournament and related apparel and gear. MAKE AMERICA GREAT AGAIN-registered by Donald Trump, political action campaign and related campaign gear. …
The Fourth Circuit Court of Appeals has postponed oral argument in the Redskins disparagement trademark case (Pro-Football Inc. v Amanda Blackhorse, No. 15-874). All briefing on the issues had been completed and the case was set for oral argument on December 9, 2016. However, at the request of the Redskins, the Fourth Circuit has agreed …
The United States Supreme Court has denied the Washington Redskins certiorari Petition. We have previously covered the trademark disparagement cases extensively here on the blog. The Washington Redskins are currently appealing a district judge’s order cancelling six of their trademarks on the basis that the marks were disparaging to Native Americans. The Redskins Petition noted …
Imagine this scenario: You’re opening a coffee shop in your local town. You’ve spent countless hours and have invested a lot of money into the opening of your new shop. You’ve chosen a brand name and you’ve had that brand name plastered all over your brand new coffee mugs, your business cards, your napkins, your …
The United States Patent and Trademark Office has rejected Whole Foods’ application for the trademark WORLD’S HEALTHIEST GROCERY STORE. Whole Foods filed its initial application on June 23, 2016. In its application, Whole Foods disclaimed any exclusive right to the use of the term “grocery store.” In the Office Action refusing registration, the trademark examining …
The Fifth Circuit Court of Appeals has adopted the United States Supreme Court’s standard announced in Octane Fitness, LLC v. Icon Health and Fitness, Inc., 13 S. Ct. 1749 (2014). Octane was a patent case that determined when fee awards may be available under the Patent Act’s “exceptional” case standard. In Octane, the Supreme Court …
The Washington Redskins have filed a petition for writ of certiorari, asking the Supreme Court to hear their trademark case along with a review of In re Tam. We’ve previously covered In re Tam and the Redskins trademark cases here on the blog. If you need a refresher on the cases, read more here and here. …
After registration of a federal trademark, the mark owner must meet several important maintenance deadlines. Failure to comply with required post-registration trademark maintenance filings will result in cancellation of the trademark. On January 27, 2015, the USPTO began sending courtesy e-mail reminders of upcoming post-registration trademark maintenance filings to those who had a valid email …
A fanciful trademark is an invented word that serves no other purpose than to assist a consumer to identify and distinguish your goods or services. It may consist of a combination of letters and/or symbols. Examples of famous fanciful marks include EXXON, KODAK, and HAAGEN-DASZ. Fanciful marks are the strongest marks along the trademark spectrum. …