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Intellectual Property Law

TradeMark Express: A Daily Blog

Trademarks, copyrights, patents, starting a business and other miscellaneous topics.

Post Frequency: 0.8/day

Last Entry: March 20, 2020 at 18:57:00

What is Immoral or Scandalous Matter?

Posted on December 29, 2009
What is Immoral or Scandalous Matter? Some may think this is a very subjective definition, but I assure you, the USPTO sees it differently. Here is what they have to say about it: ?Section 2(a) of the Trademark Act, 15 U.S.C. §1052(a), is an absolute bar to the registration of immoral or scandalous matter on either the Principal Register or the Supplemental Register...

Suggestive Marks One of our amazing

Posted on December 28, 2009
Suggestive Marks One of our amazing researchers, Heather Roberts, took some time to write this article, which I'm extremely thankful as time has been limited as of late. Heather wrote a few more great articles that I'll be sharing during the rest of the week...

Arbitrary Trademarks The strength

Posted on December 04, 2009
Arbitrary Trademarks The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. To see a chart, click here. Arbitrary marks are not as strong as fanciful marks but they are still strong in terms of trademarks...

Fanciful Trademarks The strength

Posted on December 03, 2009
Fanciful Trademarks The strength of a particular trademark is gauged according to the Distinctiveness & Descriptiveness Continuum. To see a chart, click here. On the very left of that continuum are fanciful marks, which arguably are the strongest sort of marks to file...

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A Trademark TouchCheck out this

Posted on November 24, 2009
A Trademark TouchCheck out this interesting article on 'touchmarks' written by Stephen R. Baird, Esq. He defines what a touchmark is as well as the various challenges for claiming a 'touchmark.'- Mention our blog & receive $25 off of our Premium Package -- Put BLOG in the Contact Name field -

What a Tweeting Mess!Back in August,

Posted on November 17, 2009
What a Tweeting Mess!Back in August, I posted about Twitter filing for the mark Retweet. The USPTO has since sent Twitter's legal counsel an Office Action suspending Retweet's application based on prior filings. However, let's take a closer look at these filings & perhaps we can figure out where Retweet is going to end up - abandoned or a real, live Federal trademark...

Trademarks for the Troops A hearty

Posted on November 11, 2009
Trademarks for the Troops A hearty THANK YOU from all of us at TradeMark Express to our troops.Since it's Veteran's Day, I thought it'd be nifty to take a look at filed trademarks that are about the vets. Hope for Veterans is owned by Community Hope and "is a transitional housing program...

Trademarkia Launched in September

Posted on November 10, 2009
Trademarkia Launched in September of this year, Trademarkia is a free, incredibly easy to use search engine that allows users to search the USPTO database of Federal trademarks, be they live or dead. Two of my favorite features: * Logo Themes: The USPTO does offer the capability to search logos on their site but it's a bit cumbersome...

Distinctiveness & Descriptiveness

Posted on November 04, 2009
Distinctiveness & Descriptiveness ContinuumHere's a visual snapshot of the USPTO's Distinctiveness & Descriptiveness Continuum. Click to view a larger version. I hope it makes the PTO's guidelines a little clearer plus I like charts, graphs & whatnot :)So far I've written about merely descriptive marks so I'll be sure to hit the other sections & re-post this visual with links to each new post...

Descriptive TrademarksThe title

Posted on October 29, 2009
Descriptive TrademarksThe title here is a bit misleading as descriptive words are not typically allowed to be registered on the USPTO?s trademark Principal Register. Let?s back up a little... One of the main points (some would argue THE main point) of having a Federal trademark is to have exclusive rights to a name, a logo or a slogan within your industry...

Brainstorming Tips for Creating

Posted on October 29, 2009
Brainstorming Tips for Creating a Business Name Here's a few things to keep in mind:1) Keep your industry, your clients/customers, your advertising plan in mind.2) The more unique & distinctive a name, the higher the chances that the name is legally available for use...

Free Preliminary Trademark SearchTradeMark

Posted on October 27, 2009
Free Preliminary Trademark SearchTradeMark Express implemented a new service recently - ONE free preliminary USPTO search completed over the phone with you. We always conduct a preliminary USPTO search before we start comprehensive search but this new feature does NOT require that an order be placed first...

Twitmark ExpressTradeMark Express

Posted on September 28, 2009
Twitmark ExpressTradeMark Express has joined the twitter party finally. I've been toying around with the idea for awhile and finally got around to it.Follow me at TradeMarkExpresTweet you later!

Trademark International Class:

Posted on September 22, 2009
Trademark International Class: Class 35 (Advertising and Business Services) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here...

Trademark International Class:

Posted on September 22, 2009
Trademark International Class: Class 36 (Insurance and Financial Services) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here...

Yadda Yadda YaddaThe suit against

Posted on September 11, 2009
Yadda Yadda YaddaThe suit against Jerry Seinfeld's author wife, Jessica, has come to an end. The District Court dismissed all claims set forth by Missy Chase Lapine; however, there apparently is still the matter of the defamation claims stemming from Jerry Seinfeld's remarks on the David Letterman show...

New McRulingIn Malaysia, local

Posted on September 10, 2009
New McRulingIn Malaysia, local restauranteurs McCurry won an 8 year legal battle against McDonald's for the right to use the Mc- prefix. The McReign of McDonald's seems to be nearing an end as long as other restaurants serve food that is different enough from McDonald's so as not to confuse customers...

Trademark International Class:

Posted on August 26, 2009
Trademark International Class: Classes 32 & 33 (Light beverages; Wines and spirits) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here...

Retweet ThisLast Thursday, Twitter

Posted on August 24, 2009
Retweet ThisLast Thursday, Twitter filed a Federal trademark application for RETWEET for three different classes. Take a look at the record here.What does this mean for the 4.9 million uses found online? Does this mean Twitter's going to start sending out please-stop-using-our-trademark-as-a-verb letters a la Google?

Trademark International Class:

Posted on August 18, 2009
Trademark International Class: Classes 29, 30 & 31(Meats & processed foods; Staple Foods; Natural agricultural products)All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45...

Trademark International Class:

Posted on August 10, 2009
Trademark International Class: Class 28 (Toys and sporting goods)All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes ? class 28...

Gonna Keep Going Looking over

Posted on August 05, 2009
Gonna Keep Going Looking over the blog's stats I can tell that all the different international classification posts have been fairly popular. Given that, I'm going to keep on keeping on.I wanted to give my readers a quick summary of the different classes I'll cover as well as any respective issues...

The House of Mouse is at it AgainAnd

Posted on July 31, 2009
The House of Mouse is at it AgainAnd boy have they been busy bees...or er, mice? Disney filed 10 applications on June 24th for Mickey By... for a whole mess of products: toys, clothing, textiles, linens, fabrics, housewares, furniture, pillows, photo frames, bags, backpacks, luggage, books, publications, printed materials, jewelry, audio & video recordings, video games, cosmetics, fragrances...

Trademark International Class:

Posted on July 28, 2009
Trademark International Class: Class 25 (Clothing) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes ? class 25...

Trademark International Class:

Posted on July 27, 2009
Trademark International Class: Class 18 (Leather goods) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes ? class 18...

Trademark International Class:

Posted on July 27, 2009
Trademark International Class: Class 20 (Furniture and articles not otherwise classified) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here...

Trademark International Class:

Posted on July 16, 2009
Trademark International Class: Class 16 (Paper goods and printed matter)All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here...

Trademark International Class:

Posted on July 15, 2009
Trademark International Class: Class 9 (Electrical and Scientific Apparatus) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here...

Trademark International Class:

Posted on July 15, 2009
Trademark International Class: Class 14 (Jewelry) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes ? class 14...

Any Requests?I've slowed down a

Posted on June 25, 2009
Any Requests?I've slowed down a bit in my blog posting lately because work is a bit busy. I fully intend to continue the International Classification train but I thought it'd be a good idea to devote a post for requests.Are there any of the trademark classes you'd like to know more about? If so, please comment with any questions...

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