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Tag Archives: Trademark Office

Hours of Energy, But No Trademark Registration

Posted in Advertising, Branding, Fair Use, Food, Marketing, Trademarks, TTAB, USPTO

The energy drink businesses is big, big business. From Red Bull and Monster to that strange 35 ounce purple can that you saw in a gas station once, consumers love energy drinks. Along with Red Bull and Monster, 5-Hour Energy is one of the most successful and recognizable brands. Innovation Ventures, LLC, the owner of the… Continue Reading

Happy Thanksgiving(R) Dolls and Guys

Posted in Trademarks, USPTO

Thanksgiving is, without a doubt, my favorite holiday.  It’s a day to reflect on our many fortunes and to spend time with family eating delicious turkey, potatoes, and pie (and maybe watching some football).  It seems that the Christmas trees, music and displays spring up at local retailers earlier and earlier each year, usually immediately… Continue Reading

Finger on the Pulse

Posted in Trademarks

–Sharon Armstrong, Attorney We at DuetsBlog like nothing more than to be trend-spotters and, dare I say it, predictors of things to come.  Okay, maybe I’m just talking about me. But I think it’s fair to say that a lot of us saw the concern about the treatment of so-called “green” trademarks at the United… Continue Reading

Redefining a Trademark Bully?

Posted in Almost Advice, Articles, False Advertising, Mixed Bag of Nuts, SoapBox, Trademark Bullying, Trademarks

We’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: ”The Mark of a Real Trademark Bully.” Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find… Continue Reading

Trademark Attorneys & Verified USPTO Statements

Posted in Almost Advice, Law Suits, Trademarks, TTAB

"Just because you can," is rarely a good reason to support a decision that really matters. This principle is no less true in the trademark world than it is elsewhere. So, relying on your own navigation of the U.S. Patent and Trademark Office’s (USPTO) online search database without also seeking a trademark attorney’s competent analysis of the… 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

Trademark Fraud = Reckless Disregard For The Truth?

Posted in Trademarks

Aaron Keller was busy yesterday making weighty predictions about the basis for our next economy: The Designed Economy. As I prepare to provide attendees at the Midwest IP Institute tomorrow with a trademark fraud update – today, I thought I’d provide a preview – and even go out on a small limb – making a couple of predictions of my own, relating… Continue Reading

Geographic Trademarks

Posted in Trademarks

–Sharon Armstrong, Attorney California media outlets reported yesterday that Oakland recently joined a boycott against Arizona due to the latter state’s passage of a new immigration bill, which requires police to question people about their immigration status if there’s reason to suspect they’re in the country illegally.  Other cities considering boycotts include Seattle, Los Angeles,… Continue Reading

What is Maker’s Mark’s Mark?

Posted in Branding, Famous Marks, Product Packaging, Sight, Trademarks

–Sharon Armstrong, Attorney Last Friday, a federal court in Kentucky ruled that Fortune Brands, the maker of Maker’s Mark bourbon, enjoys exclusive rights in the dripping wax seal that adorns each bottle of the spirit. (You can read about the case in earlier stages in Dan’s post, here.). Fortune had sued Diageo, another beverage giant and maker… Continue Reading

Texas Toasted? How to Slice the Trademark Spectrum of Distinctiveness

Posted in Branding, Fair Use, Food, Infringement, Law Suits, Marketing, Trademarks

  v.      Texas Toast is the generic name for a type of bread, you know, the big thick double-cut slices. Anyone can call their bread Texas Toast if that is what they are selling, and, by the way, it doesn’t have to be toasted for the name to fit. But, what if you’re selling a product made from bread, say, croutons?… Continue Reading

What a Crock, Pot That Is . . .

Posted in Branding, Genericide, Infringement, Keyword Ads, Law Suits, Marketing, Search Engines, Trademarks

We’re not talking the foamed footwear Crocs® that Randall Hull wrote about in his What a Croc! post from a couple of weeks ago. Instead, we’re talking slow cookers — on this snow-capped Valentine’s Day in the Twin Cities. Every once in a while a stroll down the grocery store aisle leaves me surprised when… Continue Reading

Question Mark Brands?

Posted in AlphaWatch, Branding, Famous Marks, Food, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTAB

A couple of months ago I blogged about Branding Exclamations! Before that I blogged about Increasingly Intense Ellipsis Branding . . . . Now, it appears I must revisit the subject of punctuation mark branding given Cadbury Adams’ new Mega Mystery Stride brand gum, prominently featuring a question mark logo on the packaging where the S logo normally appears. The… Continue Reading

Taking the Cake With Suggestive Trademarks?

Posted in Branding, Food, Marketing, Sight, Trademarks

John Reinan provided yesterday a marketer’s perspective that questioned the value of coined trademarks. In my experience, as a trademark type, one place on the spectrum of distinctiveness where both trademark and marketing types can have their cake and eat it too, is the delicious category of suggestive trademarks. From the legal side of the coin, suggestive… Continue Reading

Holiday Inn Puts Dimmer on Non-Traditional Lighting Trademarks

Posted in Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

A couple of months ago there was quite a buzz about Holiday Inn’s projected $4 million annual savings by moving to a leaner and greener direction with their adoption of LED lighting on exterior signage.  As you may recall, back in June we blogged about Holiday Inn’s interesting effort to federally register a pair of non-traditional lighting trademarks, one employing a green-colored… Continue Reading

More On The Fordless Blue Oval

Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Sight, Trademarks

What do you think, is Overstock.com selling bling with the Fordless blue oval logo? As you may recall from my post back in September, Ford Motor Company is attempting to register the below shown non-verbal logo as a trademark for a variety of goods in Int’l Class 12: And, as you may recall from Dan’s I See Blue Ovals post… Continue Reading

Twitter, Twitter Everywhere — But Will They Own the Tweet?

Posted in Guest Bloggers

For the last month or so I’ve been following the antics of Twitter as they attempt to assert rights to the word "tweet". Based on their completely inconsistent—one might even say schizophrenic approach, I feel justified in using the word "antics". Until very recently, Twitter didn’t seem to care much about what third-party apps were named…. Continue Reading

CAFC Redirects TTAB in Trademark Fraud Ruling Today: In re Bose Decided

Posted in Law Suits, Loss of Rights, Trademarks, TTAB

Today is a really, really big day for trademark types. As many of us have been saying for a couple of years now, trademark fraud (i.e., fraud on the U.S. Trademark Office) continues to be one of the hottest issues facing trademark owners and the attorneys who represent them. Perhaps after today, not so much, but who really… Continue Reading