Brand Trademarks

News & Analysis as of

MarkIt to MarketTM | June 2015

In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The...more

Protecting Your Trademark from “.sucks” and “.porn”

Thousands of new generic top-level Internet domains (“gTLDs”) are opening up for registration. While many of these new gTLDs provide marketing opportunities for companies and other entities—for example, financial institutions...more

How to Properly Use Your Trademark -- Part II

Part I of this mini-blog series focused on how to ensure your trademark keeps its status as a source identifier for years and years to come. However, there is so much more to ensuring you are using your trademark to the best...more

Corporate Housekeeping Tips: Keeping Your Website in Tip Top Shape

Among the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital storefront to the public. Protecting it is paramount to protecting your brand. Below is a...more

Going YARD with the VARO Brand for Batters?

Time spent with my boys in Omaha at the College World Series is hard to beat. Although, last year, Father’s Day weekend was hard to beat too. And, the archives indicate five years ago was pretty wonderful as well. Basically,...more

I’ll Take a Trademark, Up, With a Twist

Indeed Brewing Company, a popular brewery here in Minneapolis and a favorite of mine, announced that they were revamping their acclaimed packaging. A story in the Minneapolis-St. Paul Business Journal unveiled their new...more

A ‘Clothes’ Call: Anticipating IP Issues in Partnerships

Breaking up is hard to do, in business as in life. Take the story of ‘T’ and ‘M.’ Fresh out of school, T had the vision for a clothing line. The line would be a blend of two cultures, just like its creator: Peruvian and...more

When is enough, enough with trademark applications?

How many trademark applications should I file and for what goods and services? These are two critical questions to any filing strategy, and a close second is how often should I file? The answer to how many applications...more

Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS...more

Pepsi’s Next Generation: The Last Generation

Back in the 1960s, Pepsi burst onto the scene by announcing to the youth of decade that they were the Pepsi Generation (they didn’t have a choice). Then, in the 1980s, Pepsi became “The Choice of a New Generation.” And...more

Is Brewer’s BOSTON 2024 Ahead of Its Time?

Boston Beer Corporation, makers of Samuel Adams beer, received approval for its intent-to-use trademark application for the word mark BOSTON 2024 for “beer,” which generated some news buzz in light of the city’s bid for the...more

Three worlds: Domain names, trademarks and trade names: Understanding the differences between the three can help you to avoid...

When we talk about the brand or the identity of a company, we often think of these three things as being synonymous: the company’s legal name, under which it is registered with a state government (its business name or trade...more

Modern Hieroglyphs: Intellectual Property Signs of the Times

You see them every day; those funny-looking characters and symbols splashed all over goods and advertisements.  ?.  ?.  Our friends “TM” and “SM” and even ?.  Like modern hieroglyphs, we know that these symbols have some...more

Does your brand occupy the field? Check-the-box versus strategic planning

Protecting your brand through a federal trademark registration is a straightforward and appropriate step that almost every business should take. In fact, for many businesses a strong brand may be their single most valuable...more

Why you must monitor for conflicting brands

Trademark rights in the U.S. are based on use — on actually selling goods and services in connection with a trademark. However, most businesses understand that obtaining a federal trademark registration at the U.S. Patent and...more

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

Trademark Dos and Dont's: Conducting a Trademark Clearance Search

So you’ve come up with a creative name for your business or your product. You have thought hard about it, and probably feel a vested interest in this name. The next step in protecting your name is to conduct what is known as...more

YourBrand.sucks — Unless You Act Now!

As the INTA Annual Meeting winds down, one memory for me that certainly stuck out was an on-site ad campaign revolving around the new “.sucks” top-level domain (“TLD”). Depending on whom you ask, it’s either ingenious or...more

Remember the Alamo® but Don’t Forget the License.

With hard pressed economic times, state and local governments have turned to new sources of revenue: intellectual property licensing. The City of New York has been in the game for decades, licensing use of its the I ? NY...more

Is “i” Passé? What the Apple Watch is Telling Us About Technology Branding

Anyone who knows me at all knows that I suffer from a terrible affliction called “early adopter syndrome.” I had a cell phone when it really was more of a brick with a speaker and the first smartphone, I can tell you, was not...more

More Imaginative THANN Other Soap Brands

On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their...more

Taylor Swift Takes Another Step Towards Building Her Empire By Trademarking Her “Swifty” Phrases

From her signature red lips to her retro-chic fashion ensembles, Taylor Swift has carefully crafted and maintained her brand.  Now the 25-year-old musical sensation has taken the next steps toward building her empire....more

Chicago Cubs Make News Again with Trademark Lawsuit

The Chicago Cubs have been in the news lately relating to its legal battle over its new advertising signs with the surrounding rooftop bars and investors. However, the Chicago Cubs have also initiated a brand new lawsuit...more

USDA National Organic Program Instruction on Use of Brand or Company Names Containing the Word Organic

On August 14, 2014, the National Organic Program (NOP) of the United States Department of Agriculture (USDA) issued its “instruction” to the accredited certifying agents (Certifiers) that certify operations to the USDA...more

Coke Walks Tightrope in ZERO Branding

As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in...more

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