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Tag Archives: Disclaimer Requirement

When Are You in a Lather About Trademarks?

Posted in Articles, Branding, Loss of Rights, Marketing, Trademarks, USPTO

As you know, I enjoy telling trademark stories about soaps encountered on my various trips: Lather® (brand) soap recently caught my eye — and the lens of my iPhone — while in Palo Alto. Interestingly, the USPTO has treated the word as inherently distinctive, in Lather’s registrations. In other words, not merely descriptive, even though using the product surely produces some…. Continue Reading

A Minnowsotan Perspective on TM Disclaimers

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

There is at least one more 2018 Rapala billboard out there, just netted this one over the weekend: Rapala’s clever Minnowsotan billboard inspired me to cast a few lines about the law concerning trademark disclaimers, as they often reel in some great questions from branding professionals. Tim did a helpful post on trademark disclaimers, guiding why the USPTO requires them, their legal implications, and encouraging brand owners to properly… Continue Reading

Owning Some TM Happiness: Bubly ≠ Bubbly?

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

For a few months now, the Minneapolis skyway system has been flooded with a variety of fresh, creative, eye-popping advertising to promote Pepsi’s new bubly sparkling water collection: Although not a lie (the bottles I’ve seen clearly reference Pepsi), you’d never know from this ad or the trademark registration that Pepsi is behind bubly, since an Irish entity… Continue Reading

The Galleria of Retail Jewelry Store Taglines

Posted in Advertising, Branding, Goodwill, Marketing, Television, Trademarks

 On this Valentine’s Day, after enduring weeks of the same endless running of national retail jewelry chain advertising, leading up to this annually celebrated day of love and affection, I thought it might be fitting to try a few retail jewelry store taglines on for size and examine — at least from a trademark perspective — their protect-ability and likely placement on the… Continue Reading

Wanted: Experienced Trademark Attorney?

Posted in Trademarks

A couple of days ago, I promised to try and make the case for why the State of Minnesota ought to hire an experienced trademark attorney. OK, so I’m a day late, but you can decide if I’m a dollar short too. By the way, it was the federal trademark registration record for the below mark… Continue Reading