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A Steep Climb to Own a One Word Mark?

The grocery aisles are fertile grounds for my keyboard, as you know. And, while I’m generally far more interested in coffee grounds than tea leaves (unless we’re speaking of the iced variety or reading between the lines of...more

Chartreuse Color Trademark Still on the Loose

Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses....more

Here’s to Calling the Kettle, Brand Too?

The teapot read my post from last week and is not only calling the kettle black, but brand too...more

What Does Snapchat Need to be Identified?

My daughter captured this striking photo on a recent trip to Times Square in New York City...more

USPTO Pulling Up the Ladder on Picture-Word Equivalency in Assessing Trademark Rights?

A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time....more

Who’s Watching (What) You Create?

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the...more

Just Wait Until the USPTO Lays Its Hands on These Single and Dual Color TM Applications

Back in 2009, we wrote about what was then Kimberly Clark’s pair of single color purple trademark registrations in connection with “gloves for medical and surgical uses” and “disposable nitrile gloves for general use,” now...more

The World’s Healthiest Trademark Puffery

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“....more

2(c) or Not to See Political TM Speech?

That is the question, at least for the day. It’s also a question we hope the U.S. Supreme Court will address. In particular, does a careful focus on the USPTO’s routine application of Section 2(c) of the Lanham Act,...more

Trademark Goods/Services Limitations, Why Not Exclude Any Federal Unlawful Activities?

Those involved in the cannabis industry — where certain activities are legal in some States, but unlawful under federal law — continue to search for creative strategies and solutions in protecting their trademarks and service...more

One Trademark Certainty in Uncertain Times

Watching the morning news for even a few minutes can leave one struck by how we truly live in uncertain times. I suppose every generation has too, but is it more striking at this moment? There are plenty of examples to...more

Look-For Advertising Sans the Clunky Words

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as...more

Madonna Not Scandalous for Wine Anymore

The headline might be considered old news to some, but since intellectual property attorneys from around the world will be descending upon Minneapolis for the remainder of the week, and since I’ll be speaking tomorrow at the...more

A Missed Step in Branding Fitness Trackers?

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound....more

ELLE Fails to Un-ring Bell, DJ Action Sticks

Question for the day, how common is the given name Elle? I’m really not sure, I don’t believe I’ve ever personally known anyone with that name, and Mongabay doesn’t even include Elle in its listing of girl’s first names, but...more

How Many Ways Can a Trademark Be, Cool?

To the extent you’re also all about brands and trademarks, and you imagine a trademark story with each brand you might encounter, I suppose there are an infinite number of ways, right?...more

1/18/2016  /  Brand , Trademarks , USPTO

Watch the Informational Refusals, Please!

Let’s suppose you conduct sightseeing tours using a tram car, maybe on the boardwalk in New Jersey. Maybe even a famous tram car service you’ve operated since 1949?...more

1/11/2016  /  Service Marks , Sound Marks , Trademarks , USPTO

Jelly Belly Seeks Registration of Candy Shape

Last week Jelly Belly Candy Company filed a non-traditional trademark application with the USPTO to federally register the shape of its Jelly Belly candies. The claimed mark is drawn like this...more

On Mastering U.S. Trademark Registration

For those interested in learning more about the valuable benefits of federal trademark registration and how to successfully navigate the registration process at the USPTO, it’s time to mark your calendars for an upcoming...more

Airline Brand Strategery: It’s Transfarency

Earlier this month Southwest Airlines launched a brand new ad campaign called “Transfarency,” which is said to highlight the airline’s “low-fare credo and its lack of bag fees, change fees or hidden fees for passengers.”...more

On Slanted Arguments and Red Herrings

Last Friday, both slanted arguments and red herrings were present during the 90 minute en banc oral argument before the Court of Appeals for the Federal Circuit (CAFC) in In re Tam....more

When Over-Breadth Can Bite You Like a Lynx

While lynx may not be generally known for having a ferocious bite, they do have sharp teeth and I’m sure they can inflict serious pain when they do decide to attack. In the same way, while breadth can be a good thing...more

Easy Registration Refusal, See Park ‘N Fly

Trademark types know all about Park ‘N Fly, whether they travel or not. That’s because it is more than a nearly fifty year old airport parking and travel service brand and federally-registered service mark, it is short-hand...more

Retail Store Branding With a Weak Dollar

It costs dollars to create a brand. It costs dollars to protect a brand. And, it probably costs more dollars to protect an inherently weak brand and mark over a strong one. So, choose wisely....more

What Does the Trademark Registration Say?

Remember a while back when many were humming to the tune “What Does the Fox Say“? Today, I’m asking, what does the trademark registration say? Not, what does the trademark say — that is a different and more complicated...more

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