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Archive for March, 2010

Telling a story about your brand

Posted by ipelton on: March 30th, 2010

A brand, including a trademark brand name,  can be much more than just a name.  The trademark can be part of a whole story told by a brand and its marketing.

Seth Godin who always has thoughtful and provocative thoughts about marketing, branding, business on the web, and more recently blogged a great example.  In his post – Telling a story on the label – Godin notes how the label below contains at least 6 items that contribute to a “story” about the brand and the product.

Bamboo2

See the post for details on how this soap is selling for several times the cost of standard soap because it has created a story about its ingredients, its maker, and more.

Lesson: Trademarks and packaging can tell a captivating story.  Do yours communicate something special about your product or services?

I had the pleasure last week of doing my first ever “video blog” interview with Patrick Reilly of IP Society.  We discussed some considerations and strategies when a trademark owner learns about an infringement.  Write a cease and desist letter? Sue? Do nothing?  What could be the effects of each choice?  We discussed several scenarios, as well as the North Face vs. South Butt case in the news.

Video of our discussion here: http://www.ipsociety.net/patrick-reilly/interview-erik-pelton

The video was made using a free (for now) service called wetoku (wetoku.com).  It was easy to use and nice quality.

Trademark filings for 2010 indicate an economy on the rise

Posted by ipelton on: March 24th, 2010

Are trademark filing statistics a good indicator of the overall US economy? Perhaps.  Certainly in tougher times, budgets tighten and filings decrease. The numbers have reflected that in the current recession, an in 2001-02, filings have decreased.

In January and February 2010,  42239 applications were filed at the USPTO.  In the same time in 2009 39,682 were filed and in the same time in 2008 50, 539 were filed. (These are based on simple searches of publicly available records at www.uspto.gov.)

Annual filing trends:

  • 2006:  280, 453
  • 2007:  305,450
  • 2008:  292,474
  • 2009:  265,800
  • 2010:  ???

More details and statistics can be found at uspto.gov and in the 2009 USPTO Annual Report (PDF).  The USPTO reports slightly different numbers (based on the fiscal year rather than the calendar year, and perhaps based on the number of Classes paid for?) but the picture is the same: filings increased in ’05, ’06, and ’07, and dropped significantly in 2009.

According to Intellectual Property Watch, global filings in 2009 were off 16 percent in 2009 but were trending up in 2010.

My take on the numbers: The increases in January and February are a very positive sign.  Our firm’s filings are up significantly.  Businesses are investing in the future and investing in their brands.

Introducing smar(tm)ark newsletter

Posted by ipelton on: March 22nd, 2010

The first edition of my new monthly newsletter was published today.

Read it here: smar(tm)ark newsletter from Erik M. Pelton & Associates, PLLC.

Sign up for future issues here:

http://visitor.constantcontact.com/manage/optin/ea?v=001rxf2VXOUUET1GvklHA–wg%3D%3D

Thanks for reading!  Any comments or topic ideas are welcome.

Recent Trademark Registrations

Posted by ipelton on: March 17th, 2010

Here is another sampling of 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.)

  • COMPASS ROSE GEOCOIN for Collectible coins
  • COLLECTORZ.COM CONNECT for Providing a web site featuring temporary use of non-downloadable software allowing web site users to upload post and display information about comics, movies, books, music, CDs, DVDs, and games for sharing with others for entertainment purposes
  • FRISCO AUDIO TECHNOLOGY for Musical instrument amplifiers, namely, electric guitar, electric bass, keyboard and voice amplifiers; electronic effects units and amplifiers for use with electronic and acoustic musical instruments; electronic effects units and amplifiers for use with sound equipment and amplifiers
  • for Musical instrument amplifiers, namely, electric guitar, electric bass, keyboard and voice amplifiers; electronic effects units and amplifiers for use with electronic and acoustic musical instruments; electronic effects units and amplifiers for use with sound equipment and amplifiers
  • GOOD IN BED for Online retail store services featuring consumer-oriented goods dealing with sex, sex education, sexual health, and sexual fulfillment, namely, sex manuals, sex books
  • for Providing a website featuring business information, directory listings and related news in the field of business association management; Providing a website for the promotion of business association events, Providing databases featuring business information in the field of association managemen
  • MEAT GEEK for Consulting services for the meat and poultry industries in the fields of new product development, and meat science
  • URGENT CARE OF PICAYUNE for Healthcare and medical services

© 2010 Erik M. Pelton & Associates, PLLC. ALL RIGHTS RESERVED.

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