Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more
10/3/2018
/ Acquired Distinctiveness ,
Adidas ,
Appeals ,
Design Patent ,
Fashion Branding ,
Fashion Design ,
Inherently Distinctive ,
Intellectual Property Protection ,
Nonfunctionality ,
Preliminary Injunctions ,
Sketchers ,
Trade Dress ,
Trademark Registration ,
Trademarks
The September 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the use of trademark symbols as part of a brand's protection strategy, the use of trade dress to protect product design elements, and the new...more
Earlier this month the PTO announced the inception of its Trademark Specimen Protest Email Pilot Program; as the name suggests, the program encourages the public to report any specimens that do not appear to exhibit marks as...more
The March 2018 issue of Sterne Kessler's MarkIt to Market® discusses the impact of Brexit on trademarks, the inception of the PTO's Trademark Specimen Protest Email Pilot Program, and lists the new gTLD Sunrise periods.
...more
The holiday season in the United States starts around Halloween and extends for a two-month period until the beginning of January. The holiday marathon sparks a flurry of purchasing events – such as booking airline tickets,...more
The November 2017 issue of Sterne Kessler's MarkIt to Market® discusses another Ugg trademark dispute, pitfalls of holiday specific branding, "types" of protection for font and typeface designs, and lists the new gTLD Sunrise...more
In May of 2014, this newsletter discussed the prevalence of trademark and domain name scams, and offered tips on how to avoid being duped by fake service offerings (see "Scammers Still Be Scamming" here). Unfortunately,...more
The July 2017 issue of Sterne Kessler's MarkIt to Market® discusses trademark and domain name scams and lists the new gTLD Sunrise periods.
...more
It’s happened to the best of us -- the United States Patent and Trademark Office ("PTO") suspends action on an application based on a potential likelihood of confusion with a prior filed/pending application, essentially...more
The June 2017 issue of Sterne Kessler's MarkIt to Market® discusses bad word brands, strategies for dealing with trademark office suspensions, and lists the new gTLD Sunrise periods.
...more
When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more
The March 2017 issue of Sterne Kessler's MarkIt to Market® discusses using building signage to support service mark registration, navigating the lifecycle of an eponymous brand, and lists the new gTLD Sunrise periods.
...more
In today's marketplace, companies are constantly seeking their moment, day, or --if they are lucky--year on the top of the "best of" list for new, unique, and/or fabulously redesigned goods or services. The sheer number of...more
The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities.
...more
9/2/2016
/ Advertising ,
Brand ,
Domain Names ,
Federal Trade Commission (FTC) ,
gTLD ,
ICANN ,
Made in the USA ,
Marketing ,
Olympics ,
Product Labels ,
Sunrise Periods ,
Textiles ,
Trademarks ,
Uniforms
For use-based trademark applications filed under §1(a) of the Trademark Act, 15 U.S.C. §1051(a), applicants must submit the application along with one specimen per Class showing use of the mark for the covered goods and...more
The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes...more
When deciding how to describe goods and services in a trademark application, applicants often err on one side of two extremes:
1. they either describe their goods/services very specifically, which may help circumvent...more
The April 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses (1) the evolving nature of the USPTO's U.S. Acceptable Identification of Goods and Services Manual, and how to use this document to craft better...more
The November issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses how authors can better protect titles of creative works in the U.S., outlines seven best practices for social media marketers seeking to quickly...more
Brand owners seeking federal protection for their service marks from the U.S. Patent and Trademark Office ("USPTO") often struggle with how to define their services in the application.
While the Trademark Act defines...more
The October issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use in commerce as applied to mobile applications and services, outlines best practices for ensuring your business owns artwork and textual works...more
In years past, "wearable technology" was pretty much limited to wristwatches and miners' headlamps. Today, wearable technology is one of the fastest growing segments in the technology marketplace. Countless consumer products...more
The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more
You may have read here before about the U.S. Patent and Trademark Office's (USPTO) increased focus on removing "deadwood" – registrations that remain in force, but cover marks that are not actually in use for all of the...more
The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more