Twin Peaks Trademarks
Before the end of last year, I wrote about obtaining trademark protection in a series of works. I used books as an example: while you normally cannot register the title of a single book, when you develop a series of…
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Skee-Ball Trademark Dispute
I received my latest bit of trademark happenings from this weekend’s Saturday Night Live Weekend Update, not a colleague’s blog. Skee-Ball, Inc., the owner of Skee-ball games filed suit against a company that runs Skee-ball tournaments under the moniker “Brewksee-Ball.”…
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Obtaining a Trademark on a Book Title
Trademark rights in a book title are not ordinarily available. Trademark protection doesn’t extend to titles of single pieces. Even massive sales of a single work cannot create the necessary source-indicating quality that a trademark requires. So if your book…
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Insurance Extension Requests in Section 1(b) Trademark Applications
When an Section 1(b) intent-to-use trademark application receives a Notice of Allowance, the applicant has six months to file an acceptable statement of use to prove that the applied-for mark is being used in commerce. Applicants that fail to file…
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Look For Advertising
I was in Santorini a few months ago and saw this sign. Clients frequently have trade dress aspects of their business that are worthy of protection, but they aren’t sure about how to advertise them. This sign illustrates a classic…
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What to Get the Trademark Attorney in Your Life
I saw on TV the other day the perfect gift for your favorite trademark attorney or advertising executive. Test their subject matter knowledge with the LOGO board game. Spin Master, a Canadian company, has developed a game tapping into the marketing…
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Brand Bully Basement
Lara Pearson, operator of the brandGEEK website, has created an avenue for victims of trademark bullying. Those who feel they have been wrongly pushed around by someone exerting a little too much influence with a trademark can complain at Brand…
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Disclaimers in Trademark Office Actions
Disclaimers are a frequently raised issue by the Trademark Office. I see such rejections most often when a mark owner files the application himself and includes too much material in the mark, but they do occasionally arise when a trademark…
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Should I use LegalZoom for my Trademark Application?
Trademark applications mature into trademark registrations and can be very important and valuable assets for a business. Anyone can file a trademark application, and most people can successfully “register” a trademark. However, the value of a DIY trademark is dubious,…
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Dex Encourages you Dex It! and Obliterate their Trademark
This morning I saw a Dex commercial urging the viewer to “Dex it” when they needed to look something up. Dex it? Instead of Googling searching online for it? Well, first off, I have opted-out of receiving most telephone books,…