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Archive for October, 2011

Interesting “paranormal” trademarks for Halloween

Posted by ipelton on: October 31st, 2011

Halloween is upon us. Around the country children – and many adults – we be donning costumes and trick-or-treating. Whiches, ghosts, and vampires are good fun on Halloween.

But to many, paranormal activities s no laughing matter. The list below is for registered trademark for businesses that provide goods or services related to the the paranormal [click mark or image for USPTO records]:

Mark Image- production and distribution of an on-going television show featuring drama; production and distribution of motion picture films; production of pre-recorded videodiscs; providing on-line services in the field of entertainment and education relating to motion picture films, television shows, science fiction and the paranormal transmitted through a web site via interconnected computer networks linked by common protocols

EPIC PARANORMAL EASTERN PARANORMAL INVESTIGATION CENTER – Paranormal investigation services

- Paranormal investigation services

- paranormal investigation services

RELATIVELY HAUNTED – Paranormal investigation services

GHOST HUNTERS – PRE-RECORDED VIDEODISCS AND VIDEO TAPES FEATURING A PREVIOUSLY TELEVISED ENTERTAINMENT SERIES; AND DOWNLOADABLE VIDEO RECORDINGS FEATURING PARANORMAL, PSYCHIC AND UNEXPLAINED PHENOMENON

- Investigation and research into paranormal and psychic phenomena

 – Paranormal investigation services

- Paranormal investigation services

NEW YORK STRANGE PHENOMENA INVESTIGATORS – PROVIDING INVESTIGATION AND RESEARCH INTO UNIDENTIFIED FLYING OBJECTS, EXTRA TERRESTRIAL LIFE, ALIEN VISITATION, ALIEN ABDUCTIONS AND PARANORMAL ACTIVITY; AND PROVIDING A WEB SITE FEATURING INVESTIGATIVE INFORMATION ABOUT UNIDENTIFIED FLYING OBJECTS, EXTRA TERRESTRIAL LIFE, ALIEN VISITATION, ALIEN ABDUCTION, AND PARANORMAL ACTIVITY

- Hosting an online community web site featuring information concerning UFO sightings, extraterrestrials, conspiracies, secret societies, paranormal incidents

 - DIGITAL AUDIO TAPE RECORDER/PLAYER IN THE MOLDED CONFIGURATION OF A GHOST OR SPOOK FEATURING A MOTION CONTROLLED SPEECH AND/OR MUSIC MODULE FOR USE ALONE, WITH TOILETS, AND WITH TOILET COVERS

- Electronic publications, namely, downloadable online magazines featuring all aspects relating to aliens, extraterrestrial life and the UFO phenomenon recorded on computer media; Educational services, namely, conducting conferences and seminars in the field of aliens, extraterrestrial life and the UFO phenomenon and distribution of course materials in connection therewith; Publication of electronic magazines; Publication of online magazines relating to all aspects relating to all aspects of aliens, extraterrestrial life and the UFO phenomenon; Publishing of web magazines

NEW WITCHES CLUB - Social club, namely, a social club for children who are interested in witches, magic and spells

 – On-line retail store services featuring Witch Owned, Witch Made and Witch Blessed Witch Jars, Environmental Room Sprays, Enchanted Empowerment Mists, Candles, Incense, Reiki Charged Crystals, Body Lotions, Creams, Foot Soaks, Scrubs and Other Metaphysical Goods

 I love baseball. And I love trademarks. Tonight will be Game 7 of the World Series® after a thrilling game last night. What are the trademark storylines in tonight’s game? There are quite a few trademarks we will be seeing and hearing tonight, from team logos to the “rally squirrel” to “Busch Stadium” in St. Louis. Here are is a trademark guide to Game 7 [click names and logos for USPTO registration records]: 

  • WORLD SERIES – Entertainment Services in the Nature of Baseball Games and Exhibitions Rendered Live and Through the Media of Radio and Television Broadcasts
  • FALL CLASSIC – ENTERTAINMENT SERVICES, NAMELY, BASEBALL GAMES, COMPETITIONS, TOURNAMENTS AND EXHIBITIONS RENDERED LIVE AND THROUGH BROADCAST MEDIA…
  • WORLD SERIES CHAMPIONS – clothing; namely, shirts, caps, T-shirts, jackets, hats, wind resistant jackets, sweatshirts
  • NATIONAL LEAGUE CHAMPIONS – ENTERTAINMENT SERVICES, NAMELY, BASEBALL GAMES, COMPETITIONS, TOURNAMENTS AND EXHIBITIONS RENDERED LIVE AND THROUGH BROADCAST MEDIA….
  • AMERICAN LEAGUE CHAMPIONS – Entertainment services, namely, baseball games, competitions, tournaments and exhibitions rendered live and through broadcast media…
  • GAME 7 – wearing apparel, namely T-shirt, shirts, shorts, pants, sweat shirts, sweat pants, hats, visors, shoes, sandals
  • RALLY SQUIRREL (application) – Promotional products, clothing, shirts, hats, wearing apparel, drinkware, travel accessories, novelty products, office supplies, display graphics, and sporting goods
  • - ENTERTAINMENT AND INFORMATION SERVICES, NAMELY, BASEBALL GAMES, COMPETITIONS AND EXHIBITIONS RENDERED LIVE, THROUGH BROADCAST MEDIA…
  • CARDINALS – ENTERTAINMENT SERVICES IN THE NATURE OF BASEBALL GAMES AND EXHIBITIONS, SOME OF WHICH SERVICES ARE RENDERED THROUGH THE MEDIA OF RADIO AND TELEVISION BROADCASTS
  • - JEWELRY, NAMELY, LAPEL PINS, EARRINGS; ALUMINUM CONTAINERS AND BEVERAGE CONTAINERS, NAMELY, CUPS, GLASSES AND MUGS; CLOTHING, NAMELY, T-SHIRTS, 3/4 SLEEVE JERSEYS; TOYS AND SPORTING GOODS, NAMELY, GOLF BAGS, GOLF CLUB COVERS, METALLIZED BALLOONS, WINDSOCKS, CHRISTMAS TREE ORNAMENTS, BASEBALL HOLDERS AND GOLFBALLS
  •   - Entertainment Services-Namely, Conducting Baseball Games and Exhibitions
  • BUSCH STADIUM – providing a sporting and entertainment facility for the enjoyment of others
  • - ENTERTAINMENT, EDUCATION AND INFORMATION SERVICES, NAMELY, BASEBALL GAMES, COMPETITIONS AND EXHIBITIONS RENDERED LIVE, THROUGH BROADCAST MEDIA…
  • - Entertainment services, namely, baseball games, competitions and exhibitions rendered live and through broadcast media…
  • - Clothing, namely, headwear, jerseys, sweatshirts, t-shirts, shirts, jackets, bottoms, footwear, sleepwear, and infantwear; all of the foregoing relating to a professional baseball club

In addition, Ron Washington, the Manager of the Texas Rangers, is also the owner of several pending USPTO trademark applications. The applications were filed last October following the Ranger’s loss in the 2010 World Series. The applications are for the following [click the TARR link next to each name to see USPTO records]:

  85162323        THAT’S THE WAY BASEBALL GO TARR  
  85162380   IT’S FUN TIME NOW TARR  
  85162372   GROW UP TARR  
  85162365   WE CAN PLAY SOME BASEBALL TARR  
  85162360   I JUST THINK THAT’S THE WAY MY HAIR GROW TARR  
  85162356   DROP THE ANTLERS ON EM — DROP THE CLAW ON EM       TARR  
  85162341   THOSE BOYS DO WHAT THEY DOES TARR  

Have I missed any significant marks related to Game 7? Let me know in comments.

Enjoy the game! 

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Love it or Leave it: GROUPON name and logo

Posted by ipelton on: October 28th, 2011

I have never used Groupon. There, I said it. When I overhear people talking about a Groupon offer, I feel like one of  a small minority that has never used the service. “Social” forms of shopping, group buying power, and receiving electronic notices about deals is all the rage and there are a variety of companies today using similar business models. But Groupon is the biggest and most well known. And it may be going public with an IPO soon

What about the GROUPON name and logo, are they good? Are they creative, memorable, suggestive? Do they communicate a message to the consumer? [Note: great brand names in my opinion have all of those attributes!]

I like the GROUPON name a lot. It sounds fun. It rhymes with “coupon” and blends in the word “group” therefore giving some suggestion of the services to the consumer. It communicates the nature of the services – group / coupon. It does not communicate anything else about technology or fun or easy or whatever. Overall, I give it a grade of: A-.

But the logo is a different story. The logo is barely a logo.  It is extremely simple. All caps. Simple font. Grey box with white or light grey lettering. The box is a rhomboid rather than a rectangle, that is really the only element remotely interesting about the logo. 

The logo is overly simple. I would like a see a logo that says something more about the services and the company. I give it a: D+.

What do you think of the Groupon name and logo? Let me know in the comments.

In May 2011, the Trademark Trial and Appeal Board (“TTAB”) released the long-awaited 3rd Edition of its Trademark Trial and Appeal Board Manual of Procedure (“TBMP”).[1] This guide summarizes and highlights the most significant changes included in the 3rd Edition of the TBMP, providing particular attention to new and significantly revised sections.

The TBMP was created to “serve as a comprehensive and ready resource for practitioners.”[2] Though the TBMP is neither a binding authority nor a substitute for controlling statutes, rules, or decisional law, it contains invaluable depth and details regarding the Board’s practice and procedure.

The 3rd Edition provides a well deserved update of the Manual. Following the release of the 1st Edition in 1995, the 2nd Edition of the TBMP was published on May 1, 2003 and revised once, in March of 2004. During the years between the 2nd and 3rd Editions, the TTAB issued more than 300 precedential decisions as well as a significant package of rules changes that took effect for proceedings commenced on or after November 1, 2007. The 3rd Edition incorporates amendments to the Trademark Rules of Practice, the Trademark Act, and the applicable Federal Rules as of November 15, 2010. Many of the most significant changes in the 3rd Edition relate to five topics:

  • 2007 changes to the Trademark Rules of Practice;
  • using ESSTA for electronic filing of TTAB documents;
  • Accelerated Case Resolution (“ACR”) options;
  • expanded precedents concerning Madrid Protocol applications; and
  • expanded details regarding concurrent use proceedings.

At more than 1,300 pages, the 3rd Edition is the most comprehensive version of the TBMP to date.  Its creation was a massive undertaking lasting several years and requiring the efforts of many Administrative Trademark Judges and other staff members. The TTAB has indicated its intent to provide more frequent updates in the future. 

In this 24 page guide, we have summarized most of the additions and changes included in the 3rd Edition.  We have underlined or otherwise emphasized changes that we consider to be particularly significant or interesting. Sections that were unchanged in the 3rd Edition have been omitted from this guide. Though many of these changes may already be well-known to frequent TTAB practitioners, we expect that a quick review of this document will bring to light several previously unknown or long-overlooked changes, even among the most experienced TTAB veterans.

Guide to Changes in the Trademark Trial and Appeal Board Manual of Procedure (TBMP), 3rd Edition

[1] The full text of the TBMP is available at http://www.uspto.gov/trademarks/process/appeal/Preface_TBMP.jsp

[2] Chief Administrative Trademark Judge J. David Sams, Preface to TBMP (2nd Ed.), May 1, 2003.

What is an ‘intent to use’ trademark application? (video)

Posted by ipelton on: October 25th, 2011

Intent to use trademark applications provide wonder opportunities in the U.S. to protect brand names before they are launched or used in commerce. But there are special cautions applicants must be aware of.

This video discusses the basics of intent-to-use applications under Section 1(b) of the Trademark Act and the benefits and cautions involved.