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Tag Archives: Registration Symbol

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part I

Posted in Articles, Branding, First Amendment, Marketing, Trademarks, USPTO

Looking forward to sharing the podium with Joel MacMull of the Archer firm (counsel for Simon Tam, where our friend Ron Coleman is a partner) to discuss “Trademark Registration and the First Amendment,” on September 28th at the Midwest IP Institute in Minneapolis. As a drum roll leading up to that discussion, and since there… Continue Reading

Washington’s NFL Team and U.S. Customs

Posted in Articles, Branding, Counterfeits, Loss of Rights, Marketing, Social Media, Trademarks, TTAB, USPTO

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its re-branding efforts. Professor Christine Haight Farley, at American University’s Washington College of Law, summarizes the Amanda Blackhorse decision… Continue Reading

This Mac Needs a Knife Too

Posted in Advertising, Branding, Food, Marketing, Trademarks, Truncation, USPTO

Louis Armstrong first performed “Mack the Knife” in 1956, a year later McDonald’s introduced the Big Mac, and then, Bobby Darin’s version of “Mack the Knife” became a chart-topper in 1959. So, these events were all before my time, but I’m left wondering if there was any connection between them, back in the day, or whether they were an unrelated coincidence… Continue Reading

lower case brands, wall of fame or shame?

Posted in Advertising, Branding, Famous Marks, Marketing, Trademarks

As promised, some time ago, here is an enormous wall sign from one of the many hallways connected to one of the many shopping areas at The Shoppes at the Palazzo in Las Vegas, showing all these retail brands in simple lower case style. No trademark notice or registration symbols either. . . . Do you suppose the entity responsible… Continue Reading

Registration Symbol Misuse As Trademark Fraud?

Posted in Marketing, Trademarks, TTAB

Trademark types frequently encounter brand owners and managers with substantial misunderstanding and confusion about when use of the federal registration notice symbol is lawful. Most of the time a misuse or technical violation results from an honest mistake, but sometimes the misuse is, and starts out intentional, or perhaps the misuse begins to look intentional if it isn’t promptly… Continue Reading

IP Grammar . . . and Those Who Cringe About It

Posted in Mixed Bag of Nuts

             Last September, in my blog post entitled "What Does Trademarked Mean to You?," I wrote: More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?"… Continue Reading

It’s Official, Duets Marks Federally Registered

Posted in Branding, Marketing, Squirrelly Thoughts, Trademarks

Lest you missed the prior (absence of) fanfare from the United States Patent and Trademark Office (USPTO), we thought you should know (now you have not only constructive notice, but actual notice and knowledge of these valuable and important rights) that we are the proud parents (for those of you who personalize your company’s or client’s trademarks as… Continue Reading

Best Buy, Resurrected From the Trademark Graveyard?

Posted in Branding, Dilution, Domain Names, False Advertising, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks

As a trademark type, something struck me as odd about the Best Buy logo image appearing on the brand new outdoor baseball scoreboard at Target Field, during the Minnesota Twins recent home opener against the Boston Red Sox, so I captured a photograph to discuss it here on DuetsBlog. What caught my eye was the curious placement of the ® federal registration symbol. Its positioning adjacent to the words… Continue Reading

What Does “Trademarked” Mean to You?

Posted in Marketing, Trademarks

               More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?" or "is that trademarked software?" or "did we ever trademark our logo?" or "should we… Continue Reading