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Category Archives: USPTO

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A new NHL team: The Las Vegas Silver (or Desert) (or Golden) Knights

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, USPTO

Have you heard about the NHL’s newest, not-yet-fully-named hockey team, based in Las Vegas? Although the team’s inaugural season will not begin until October 2017, season tickets have already sold out. This exciting news was a big relief for the team, who faced some skepticism about market demand for a 31st NHL team, and because Las Vegas has not… Continue Reading

An OXI Surprise

Posted in Trademarks, Truncation, USPTO

One of the blessings of homeownership is the surprise that accompanies a major appliance breakdown.  I had the pleasure of experiencing one of these events over Labor Day weekend when my dryer decided it was done working.  Labor Day is one of the weekends you want to have it happen because there are plenty of… Continue Reading

Federal Cannabis Laws Don’t Impede Patentability

Posted in Agreements, Patents, Technology, USPTO

While the Lanham Act bars the federal registration of trademarks related to illegal goods and services, there is no such prohibition against patenting illegal products or processes. However, the value of such patents is debatable. State Legalization Leads to Increased Patent Applications Marijuana is now legal, in some form, in 25 states. But under federal… Continue Reading

Attorneys Getting Crafty About Firm Names

Posted in Genericide, TTAB, USPTO

I consider myself to be, among other things, a craft beer attorney.  I enjoyed speaking last week at the Midwest Craft Brewers Conference as part of a great panel on brand positioning, trademarks, and the use of social media in the craft beer industry, and will be part of a continuing legal education seminar on… Continue Reading

The World’s Healthiest Trademark Puffery

Posted in Advertising, Articles, Branding, False Advertising, Food, Marketing, Trademarks, USPTO

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Trademark Goods/Services Limitations, Why Not Exclude Any Federal Unlawful Activities?

Posted in Almost Advice, Articles, Branding, Marketing, Trademarks, TTAB, USPTO

Those involved in the cannabis industry — where certain activities are legal in some States, but unlawful under federal law — continue to search for creative strategies and solutions in protecting their trademarks and service marks. Picking up where Tim left off last Friday, I’ve been giving some thought as to how the Herbal Access… Continue Reading


Posted in Trademarks, USPTO

Last week was rough.  We went from celebrating America to watching her at her worst.  We saw officers shoot two black men in Baton Rouge, LA and Falcon Heights, MN, a black man shoot cops in Dallas, and resulting social unrest (including my hometown police being hit with concrete last weekend and protests blocking our… Continue Reading

Standard Character Trademark Overbreadth

Posted in Articles, Infringement, Trademark Bullying, Trademarks, TTAB, USPTO

When we hear the word “overbreadth” in close connection with the word “trademark,” the often discussed “trademark bullying” topic will frequently come to mind. Yet, discussions about “trademark overbreadth” are not limited to exaggerated and unrealistic trademark claims by a trademark owner. We previously have discussed how one might deal with prior registrations that contain… Continue Reading

A Duel Over DUO Leaves Only Uno

Posted in Almost Advice, Food, Product Packaging, Trademarks, TTAB, USPTO

The never-ending battle at the Trademark Office over trademarks for beer and wine suffered another casualty last week, this time over the mark DUO.  Applicant Uinta Brewing Company filed a use-based application to register DUO for beer.  Fun fact:  the Utah-based brewery owns a trademark registration for TINDER for “beer.” Uinta Brewing uses the DUO… Continue Reading

KIND Taglines: About Owning Your Ad Copy?

Posted in Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

First things first: Happy 4th of July, Dear Readers! That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our dear readers, agree? Now contrast the original well wishes with the elaborate description of them, the latter being anything but short… Continue Reading

Here, Have a BREXIT

Posted in International, USPTO

The British are leaving!  The British are leaving!  Many people on all sides of “the pond” last week watched the Brits’ vote to leave the European Union with interest, and were shocked when they actually voted to cut ties with the EU.  The vote was often referred to by the doomsday name BREXIT (cue terrifying… Continue Reading

Look-For Advertising Sans the Clunky Words

Posted in Advertising, Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as performing the helpful role of a trademark, but in convincing the USPTO too. Earlier this month the USPTO granted… Continue Reading

Caribou v Blue Caribou : Doing things right the first time.

Posted in Branding, Guest Bloggers, Infringement, Trademarks, USPTO

—Aaron Keller, Managing Principal at Capsule The world of lean startup and agile product development are interweaving methods that work in digital, but may not make sense for the physical world. For instance, if you had launched Blue Caribou (small cafe in Michigan) and got a letter from Caribou in Minnesota claiming you are infringing… Continue Reading

What Black Mamba, Make America Great Again, and Netflix Fast all have in common

Posted in Advertising, Branding, Fashion, Marketing, Patents, Trademarks, USPTO

– Jason Voiovich, Chief Customer Officer, Logic PD It’s not a new reality show. Let’s take that off the table straight away. That said, one could be forgiven this year (of all years) for imagining a scenario in which retired basketball great Kobe Bryant teamed up with not-so-retired real estate sort-of great Donald Trump to… Continue Reading

Madonna Not Scandalous for Wine Anymore

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

The headline might be considered old news to some, but since intellectual property attorneys from around the world will be descending upon Minneapolis for the remainder of the week, and since I’ll be speaking tomorrow at the American Intellectual Property Law Association Spring Meeting at the Minneapolis Hilton, on the history and public policy behind… Continue Reading

America’s Most Watered-Down Beer (Name)?

Posted in Advertising, Articles, Branding, Goodwill, Loss of Rights, Marketing, Social Media, Trademarks, USPTO

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in this campaign, but the logo is to be on the can’s back. Headlines like these, suggesting a permanent change… Continue Reading

Is It a Clean Fight?

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand.  The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to market its PUREX detergents.  To protects its mark, Dial sued the Procter & Gamble Company (“P&G”) to enjoin it from… Continue Reading