Trademark Blog

The Descriptive Requirement of Trademark Law

Posted by Brandon Selinsky on Aug 14, 2017 2:51:26 PM

Yuzu Labs Public Benefit Corporation, 2017 WL 3102592

 

The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

 

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Topics: Trademark Law

The Power of the Trademark Examining Attorney

Posted by Brandon Selinsky on Aug 10, 2017 1:53:45 PM

 

ABK Betriebsgesellschaft der Aktienbrauerei Kaufbeuren GmbH WL 3102594 - 2017

 

The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. 

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Topics: Trademark Law

Functions of the Trademark Trial and Appeal Board

Posted by Brandon Selinsky on Aug 7, 2017 2:08:00 PM

 

Trademark Law - re; Spatz Laboratories, 2017 WL 3102590

 

The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. 

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Topics: Trademark Law

Advice on Protecting Trademarks in the Healthcare Industry

Posted by Brandon Selinsky on Jun 16, 2017 12:26:29 PM

Advice on Protecting Trademarks in the Healthcare Industry

Due to a growing need for medical care, the healthcare industry is one of the most rapidly expanding areas of business in the United States. As old healthcare companies try to maintain a secure trademark in the industry, newer healthcare companies are able to create a point of identification for consumers. If you are interested in protecting trademarks in the healthcare industry, there are some recommended steps that you should follow.

 

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Topics: Trademark Law

Video Game Company Trademarks “Cyberpunk” (Trademark Trolling)

Posted by Brandon Selinsky on Jun 14, 2017 11:08:23 AM

The CD Projekt Red company recently trademarked the word “Cyberpunk” in preparation for the release of the company’s latest franchise, Cyberpunk 2077. Some individuals have expressed concern that CD Projekt Red might begin to appropriate “Cyberpunk” and enforce the use of the phrase in a negative manner. Responding to these concerns, CD Projekt Red expressed that “Cyberpunk” had been trademarked to protect the company’s work and that the company does not intend on using the trademark offensively. CD Projekt Red went so far as to promise that the trademark would only be enforced in situations that might cause confusion among consumers. This “Cyberpunk” case is the most recent example of “trademark trolling” (TMT) in the video game industry. This type of behavior has the potential to create substantial changes for trademark holders and frequently requires the assistance of skilled legal counsel.

What Is Trademark Trolling?

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Topics: Trademark Law

Trademark Infringement on the Rise

Posted by Brandon Selinsky on Jun 14, 2017 10:22:42 AM

Trademark Infringement on the Rise

A recent study conducted by Compumark, a leading research agency, in 2016 revealed that eighty percent of C-level executives report that trademark infringement (TMI) is on the rise but only 20 percent of these executives have plans in place to actively watch more than three-quarters of their marks. The study also revealed that litigation in the field is particularly common with more than half of the executives indicating that their organization had initiated legal action against third parties who had infringed on their brand. The number of trademarks being filed is expected to increase which will likely result in increased trademark litigation. As a result, it is a particularly wise idea for companies to make sure that their trademark is properly secured. Fortunately, knowledgeable legal counsel can often prove to be beneficial in securing a trademark. Because TMI often results in profit losses for a company, TMI must be viewed as is a very serious event. If you are a trademark holder who has experience trademark infringement, it is often a wise idea to retain the assistance of a seasoned trademark or intellectual property attorney.

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Topics: Trademark Law

Apple's Trademark Lawsuit vs Swatch

Posted by Brandon Selinsky on Jun 14, 2017 9:01:43 AM

Apple recently filed a lawsuit against the Swatch company under the claim that Swatch is capitalizing on Apple’s mark. Apple's Trademark Lawsuit vs Swatch for placing the phrase “tick different” on certain watches is similar to Apple’s 1990 “think different” ad campaign. While the case is being heard in Sweden, Swatch applied for and was granted a U.S. trademark for “tick different” over two years ago with its mark officially published in October 2016. Swatch has previously litigated against Apple twice before: once in 2015 for alleged trademark infringement by Swatch of words used by Apple’s founder Steve Jobs and a second time in an effort to block Apple’s trademark application for “iWatch”. Receiving a notice of infringement like Swatch, in this case, causes many companies to grow confused about how to respond to such an action. One of the best pieces of advice, when faced with a notice of infringement, is to promptly retain the services of skilled legal counsel like the attorneys at Whitcomb.

How to Respond if You Receive a Notice of Infringement like Apple's Trademark Lawsuit vs Swatch

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Topics: Trademark Law

Errors in Trademark Filing

Posted by Brandon Selinsky on Jun 9, 2017 3:42:50 PM

 

Trademark Filing

One of the most common ways our law firm helps individuals is by correcting mistakes that were made in Trademark Filing. If not properly remedied, some of these errors have the potential to create problems for the mark holder. The United States Patent and Trademark Office has particularly complex laws regarding how trademarks should be filed. Due to these complicated laws, statistics for the first quarter of 2017 reveal that not every trademark is properly filed. In order to ensure that a trademark is properly filed, individuals who are interested in filing a trademark should consider retaining the assistance of a skilled attorney like the legal counsel at WSM.

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Topics: Trademark Law

Rock Band Faces Trademark Lawsuit

Posted by Brandon Selinsky on Jun 7, 2017 1:35:10 PM

 

The Slants Trademark Lawsuit

The Portland, Oregon-based band, The Slants, has been facing an eight-year legal battle. The band’s trademark lawsuit struggle began when their application for a trademark was rejected by the United States Patent and Trademark Office several times. The federal government then ruled that band’s name violated the Lanham Act, which prevents applicants from trademarking disparaging terms.

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Topics: Trademark Law

Torchy’s Tacos Involved in Trademark Lawsuit - Damn Good Tacos

Posted by Brandon Selinsky on Jun 7, 2017 10:32:03 AM

Colorado Taco Company Involved in Trademark Lawsuit over Damn Good Tacos

The Austin-based Torchy’s Tacos, famous for its “Damn Good Tacos” has initiated a legal action (a trademark lawsuit) against a Colorado company over its name, “Dam Good Tacos”. Torchy’s parent company, Success Foods Management Group LLC, is seeking monetary compensation from the Colorado Company’s parent company, Dam Good Systems LLC. Success Foods also wants Dam Good Systems to switch control ownership of its social media and internet accounts to Success Foods Management. Many individuals in the Denver area are familiar with Torchy’s, which opened a location in September in Fort Collins in 2016. This case highlights the importance that the words a company chooses to register as a trademark can significantly influence potential legal actions that might be taken against the company.

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Topics: Trademark Law

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Trademark Disputes Can Get Expensive

They can also be avoided

Tune here for information on how to avoid the pitfalls of trademark disputes.

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