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Archive for February, 2010

Recent trademark registrations

Posted by ipelton on: February 27th, 2010

Here is another sampling of some recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected. (These are all public records – click on trademark name or logo to view USPTO records.)

Note that 2 of the registrations took more than 4 years to obtain!  Our flat fee covered the entire process, regardless of how long it took and how many rounds of correspondence with the USPTO were needed.

  • THE AGENT MAGNET – for “educational services, namely, workshops, seminars, video tutorials, in the field of real estate investment, and instruction manual distributed therewith”
  • PAY SMART. SAVE MONEY - for “bill payment services, namely, automated consumer loan payments”
  • VOXY - for “Arranging and conducting contests and award programs in the field of popular culture events, sporting events, television, fashion and entertainment”
  • Premium USB – for “universal serial bus hardware”
  • J. DANIEL W. - for “Printed motivational cards and note cards containing religious messages; printed informational cards in the field of religion”
  • MOVIE COLLECTOR – for “computer software for cataloging movies and DVDs and creating a searchable database with that information; downloadable computer software for cataloging movies and DVDs and creating a searchable database with that information”
  • GAME COLLECTOR CONNECT - for “Providing a web site featuring temporary use of non-downloadable software allowing web site users to upload post and display information about games for sharing with others for entertainment purposes”
  • New York Theatre Church – for “Religious services, namely, providing members with divine worship services”
  • MR. CRÊPE – for “restaurant services”
  • - for “Providing a live forum for companies to showcase, display, demonstrate and promote new and innovative ideas, products and services in the construction industry; online business directories featuring service providers in the construction industry; providing an on-line searchable database featuring employment opportunities in the construction and building industry; providing a website featuring product and company ratings and reviews of the consumers services of others in the field of construction and building; estimating contracting work; providing a web site for promoting the goods and services of others by providing hypertext links to the websites of others; Providing online directory information services in the fields of home improvement, home maintenance and home repair; operating online marketplaces for buyers and sellers of home improvement, home maintenance and home repair services, as well as commercial informational content related to such goods and services”
  • Oliv - for “Salad sauces” (Note: registration took 4 1/2 years to obtain!)
  • – for “Beauty services, namely, skin care salons, hair cutting and styling, and manicuring services” (Note: registration took 4 1/2 years to obtain!)
  • BLACKROCK - for “Metal tent poles and stakes; Eyewear, namely, sunglasses, sports glasses and protective eyewear ; All purpose sporting bags, backpacks, day packs, internal and external frame packs ; Sleeping bags; Tents and tent accessories”
  • – for “Religious products, namely, greeting cards, posters”

Our firm is proud to be assisting Falls Church (where we are located) protect their new branding slogan, “The Little City” and related logos.

From this week’s press release:

The Falls Church Economic Development Authority has partnered with local intellectual property attorney Erik Pelton to obtain trademark protection for the city’s THE LITTLE CITYSM slogan and logos.  “We are proud to be a part of this exciting campaign to raise the visibility of Falls Church as a strong and vibrant community,” said Mr. Pelton, who donated his legal services to file three federal trademark applications on behalf of the EDA.

THE LITTLE CITYSM is a branding campaign developed by Falls Church marketing firm SmithGifford Communications. The campaign is featured in publicity for the 24th annual Washington Area Music Awards, known as “the WAMMIES,” and its February 28th awards show co-hosted by Kojo Nnamdi.  According to Mr. Pelton, as the city encourages local businesses and residents to embrace and promote the new slogan, trademark protection becomes increasingly important.  “There is only one ‘Big Apple’, and now there will be only one place known as ‘The Little City,’” he said.

Mr. Pelton is the founder Erik M. Pelton & Associates, PLLC, a boutique trademark law firm in Falls Church representing businesses and entrepreneurs around the world.  The firm has registered more than 1,000 trademarks, and has successfully represented clients in numerous trademark disputes.  More information about the firm is available at www.tm4smallbiz.com.

Local news coverage here: http://www.fcnp.com/news/5985-fc-files-for-trademark-protection-of-the-little-city-.html

Trademarks in the news

Posted by ipelton on: February 25th, 2010

Olympic logo

One logo that you probably can’t avoid the last two weeks is the Vancouver 2010 Olympics logo.  I like the logo, it is simple and it conveys a message that is fun and also evokes the cultural history of Canada which Canada has attempted to put on display at these games.

Michelin Man Meets Stonehenge to Birth an Olympic Rock Star (Wall Street Journal)

NPR story here.

Vancouver 2010

The logo for London 2012 summer games has been widely panned.  It certainly conveys a different message – punky and brash and alternative.  It has jagged lines and sharp corners.

London 2012 logo
London 2012

A logo says a lot about your event, products or services.  What does your logo say about your business?


MTV

MTV unveiled a new logo this month that is vey similar to its old logo, but no longer says “music television.”  This is long overdue.  MTV is hardly a source for videos, and is known now more for its reality and other programming more than its videos.

This is excellent marketing decision by MTV — it is not a wholesale change, but a slight alteration that updates the logo and makes its appeal more broad by removing the words MUSIC TELEVISION. It retains the flexibility of the original logo in terms of colors and prints and in fact some of the first uses actually fill the inside with pictures of characters from MTV shows.

This change is good.

Lesson: Even a successful brand can increase the impact of its logo and brand.

In other MTV trademark new, stars from its hit “Jersey Shore” show have filed to protect their brands:

SNOOKI – for use with “Entertainment in the nature of personal appearances by a television personality; Entertainment in the nature of personal appearances by a television personality”

THE SITUATION – for use with “Bathing suits; Bathing suits for men; Bathing trunks; Bathrobes; Beachwear; Belts; Belts for clothing; Bermuda shorts; Blazers; Blousons; Boots; Bottoms; Boxer shorts; Bras; Briefs; Briefs; Caps; Cardigans; Chemises; Coats; Cravats; Dungarees; Footwear; Gloves; Golf shirts; Gym suits; Jackets; Jeans; Jerseys; Jogging suits; Knit shirts; Leather coats; Leather jackets; Neckties; Neckwear; Night gowns; Night shirts; Nightgowns; Pajamas; Pantaloons; Pants; Parts of clothing, namely, gussets for tights, gussets for stockings, gussets for bathing suits, gussets for underwear, gussets for leotards and gussets for footletsBathing suits; Bathing suits for men; Bathing trunks; Bathrobes; Beachwear; Belts; Belts for clothing; Bermuda shorts; Blazers; Blousons; Boots; Bottoms; Boxer shorts; Bras; Briefs; Briefs; Caps; Cardigans; Chemises; Coats; Cravats; Dungarees; Footwear; Gloves; Golf shirts; Gym suits; Jackets; Jeans; Jerseys; Jogging suits; Knit shirts; Leather coats; Leather jackets; Neckties; Neckwear; Night gowns; Night shirts; Nightgowns; Pajamas; Pantaloons; Pants; Parts of clothing, namely, gussets for tights, gussets for stockings, gussets for bathing suits, gussets for underwear, gussets for leotards and gussets for footlets; Polo shirts; Pullovers; Quilted vests; Sandals; Shoes; Shorts; Slacks; Sport coats; Sport shirts; Sports shirts; Suit coats; Suits; Sweat pants; Sweat shirts; Sweat suits; Sweaters; Swim trunks; Swim wear; Swimming trunks; Swimsuits; Swimwear; T-shirts; Tank tops; Tank-tops; Tennis wear; Thermal socks; Thermal underwear; Top coats; Topcoats; Tops; Tracksuits; Trousers; Turtleneck sweaters; Turtlenecks; Tuxedos; Underclothes; Undergarments; Underpants; Undershirts; Underwear; V-neck sweaters; Vests; Warm up suits; Wind resistant jackets; Polo shirts; Pullovers; Quilted vests; Sandals; Shoes; Shorts; Slacks; Sport coats; Sport shirts; Sports shirts; Suit coats; Suits; Sweat pants; Sweat shirts; Sweat suits; Sweaters; Swim trunks; Swim wear; Swimming trunks; Swimsuits; Swimwear; T-shirts; Tank tops; Tank-tops; Tennis wear; Thermal socks; Thermal underwear; Top coats; Topcoats; Tops; Tracksuits; Trousers; Turtleneck sweaters; Turtlenecks; Tuxedos; Underclothes; Undergarments; Underpants; Undershirts; Underwear; V-neck sweaters; Vests; Warm up suits; Wind resistant jackets

THE SITUATION logo – for use with “Clothing, namely, t-shirts and underwear”

Side note: I don’t know what a “schoobie” is but apparently you can get an OFFICIAL JERSEY SHORE SHOOBIE from one company.


North Face v. South Butt

North Face has taken a teenager to court who is making a line of apparel with the name SOUTH BUTT. North Face may have a good case.  Regardless, they have taken a publicity hit from this case and the coverage it.  In planning strategy to deal with a possible trademark infringement situation, the parties, particularly the plaintiff, must take into consideration not just the law but also the reality and the business sides of things. North Face likely could have made a deal that would have saved it money and spared it the publicity.  A victory in court may not be a victory in the court of public opinion.

THE SOUTH BUTT trademark application (here) was recently given preliminary approval by the USPTO.

Lesson: Trademarks are a significant part of a larger strategy that goes to the heart of your company’s image and public persona.  That is why they are so valuable. And why businesses should enforce them when applicable, but be cognizant of the what could happen if the enforcement efforts are made public or backfire.








IPelton – now a registered trademark for a blog

Posted by ipelton on: February 20th, 2010

IPELTON® was registered by the USPTO this week.  The title of this blog is a trademark.  Any name or slogan or logo that serves to market your services or goods could be a trademark. IPELTON® distinguishes this blog from other blogs about trademarks.  Thus it is a trademark.  And now it is registered.

Have you created a memorable brand name for each of your offerings?  Have you protected them?  IPELTON® is now an asset.  I could sell or license it for greater value now.  It is recognized by the U.S. government.

IPELTON® USPTO record can be found here: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77774062

Here is what the official registration certificate looks like (except the real one is on nice paper and has a real government “seal” imprinted on it):

I will be speaking in Washington D.C. next month as part of the  March 25 seminar, The Brand Building Workshop: Creating a Magnet in the Marketplace, presented by consultant and author Seth Kahan.  I will be discussing the topic: Leveraging Your Brand’s Intellectual Property.

Seth recorded an interview with me this week previewing the seminar in which I discussed topics such as:

  • Trademark vs Copyright – what each is, how and when to use them.
  • How to Trademark and how to copyright
  • Basic services and their fees
  • What makes a good, strong trademark
  • How to use trademarking to enhance the strength and value of your brand

The full interview is available on his blog at: http://freelancefortune.wordpress.com/2010/02/19/trademark-lawyer-erik-pelton-interviewed/

The interview is a good discussion of the importance and value of having a good trademark, and why simple steps to create, identify, and protect trademarks and copyrights will help a business market itself and add value to the business.  Whether your business is in the field of consulting, restaurants, toys, law firm, the same concepts apply.  What business would not benefit from a strong brand that drives customers, helps it stand out from its competitors, and that increases the bottom line for the business?

For details regarding the March 25th seminar, see: http://freelancefortune.files.wordpress.com/2010/02/brand-building-2010-mar-25.pdf

Seth is an inductee of Alan Weiss’ Million Dollar Consultant® Hall of Fame, the author of the Fast Co blog, Leading Change (SethFast.com) and contributor to the Washington Post
On Success (SethPost.com).  His blog and newsletter, FreelanceFortune, provides guidance for succeeding as an independent agent. For more information about Seth and his writings, see:

http://www.gettingchangeright.com/

http://visionaryleadership.com/

http://views.washingtonpost.com/on-success/panelists/seth_kahan/

http://www.fastcompany.com/blog/seth-kahan/leading-change-0