A local real estate agent has argued that the above design is unique enough to make the SOLD! designation distinctive and registrable as a service mark for “information in the field of real estate and real estate services,” among other goods and services. The USPTO wasn’t sold on the idea, but not
failure to function
Registration of a Very Personal Brand Name
How much do I believe in federal registration of trademarks and brand names? Well, this much:
I’ve always been a big fan of practicing what you preach. Actually walking the talk. Not just talk.
That mindset helps explain why we stuck with the suggestive name of this blog, even after the experts recommended…
The Minnesota Miracle That Lasted a Moment?
Well, it was fun while it lasted. Some incredible moments last longer than others, and when the stars are all lined up, they can even translate into a movement. Yet, the blistering loss in Philly proved that our hope of being more than a host for Super Bowl LII, wasn’t meant to…
Happy Birthday: TTAB Turns Sixty in 2018
We follow closely and write a lot about what goes on with the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (USPTO); these ironmongers do too, really well.
Serious trademark and brand owners care about TTAB decisions because many trademark disputes begin and end there, as the TTAB determines the…
Some Subtle Stories Make Great Trademarks
One of my passions is to find common and favorable ground between legal and marketing types.
One of the readings during week three of Seth Godin’s intensive altMBA workshop reminded me of a great example to illustrate how a valid marketing goal can align with strong legal protection.
An excerpt from Seth’s All Marketers are…
Trick or Trademark? Mars Says Hershey’s Can’t Own “SCARY” Candy.
Sandwiched between 90 degree days in a Minnesota summer, the idea of Halloween wasn’t on my radar – until I learned about the latest dispute between candy giants Mars and Hershey’s.
Mars and its subsidiary own many well-known candy brands, including M&Ms, Snickers, Twix, Skittles, Life Savers, and others. Not to be outdone, Hershey…