Archive for September, 2014

The USPTO will hold the 2014 National Trademark Expo on its campus in Alexandria, Virginia on October 17 and 18. The event is FREE and open to the public.

Among the exhibitors will be two Erik M. Pelton & Associates clients, Volcom and the City of Falls Church Economic Development Authority.

The event should be particularly fun for families and children, as the exhibitors will include:

  • The LEGO Group
  • American Girl
  • NASA Goddard Space Flight Center’s Innovative Technology Partnerships Office
  • Rita’s Ice, Custard, Happiness
  • Smithsonian Institution
  • Sweet Frog Premium Frozen Yogurt

Many seminars will be held during the two days. See USPTO link below for the full schedule.


2014 Trademark Expo image
For more details including the full list of exhibitors, see the USPTO website here.

Recent Client Trademark Registrations LXX

Posted by ipelton on: September 25th, 2014

The following is another update of recent client registrations obtained from the public records so readers can see real examples of brands and marks which are being protected – and the wide range of variety in brand names, logos, products and services. [Click trademark or logo to open USPTO records in a new window]

  • CLOUDMILLS – Computer software for use in data management in the field of human resources; software for managing of human resources data; software platform featuring tools to manage, maintain, discover and report in the field of data and information across different systems and applications
  • LENDMAX – Financial services, namely, banking, loan financing, and mortgage banking services
  • DANCING MIND – Conducting fitness classes; Consulting services in the fields of fitness and exercise; Personal fitness training services and consultancy; Personal fitness training services featuring aerobic and anaerobic activities combined with resistance and flexibility training; Physical fitness conditioning classes; Physical fitness instruction; Physical fitness studio services, namely, providing exercise classes, body sculpting classes, and group fitness classes; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Physical fitness training services; Providing a website featuring information on exercise and fitness; Providing fitness and exercise facilities; Providing physical fitness and exercise service, namely, indoor cycling and yoga instruction; Yoga instruction
  • TOAST OUR VETS – Charitable fundraising in the field of veterans
  • FORENSIC DATA SOLUTIONS – computer forensic services; Consulting services in the fields of forensic science
  • Trademark image – Background investigation services, namely monitoring safety ratings and safety inspection information in the trucking industry
  •  AMAZING VAPOR – Chemical flavorings in liquid form used to refill electronic cigarette cartridges
  • RAILS STEAKHOUSE – Bar and cocktail lounge services; Restaurant
  • DAFINA JEWELRY – retail and online retail store services featuring jewelry
Two weeks ago, I crashed riding my bike to work.
I love to ride my bike – the fresh air, exercise and freedom are terrific. Ialways wear my helmet.
Fortunately I was wearing my helmet when I crashed. I went right over the handlebars into the middle of the road and landed on my head. I escaped with a just few scratches and bruises – and a cracked helmet (see photo below). Some might say I was lucky. I would say that I was prepared. I wore my helmet for insurance and protection in just that type of situation.
Registering a trademark with the USPTO is like wearing a helmet on your bike. It is not required by law. But it sure provides a lot of protection and a great value. A registered trademark can deal with infringers generally much better, quicker, and cheaper. And many possible infringements are avoided because registered trademarks appear in the USPTO database that many search before adopting new brand names. If you care about your brand, why would you risk not registering your trademark?
Trademark registration is so valuable because provides both preventive and contingent insurance by reducing the likelihood of a trademark dispute and at the same time providing the owner with a stronger position in the event of a trademark dispute.
Tip: Use your head!

Trademark registration is a very valuable tool, especially considering the cost. Trademark registration provides both preventive and contingent insurance* — it reduces the likelihood of a trademark dispute while at the same time providing the owner with a stronger position in the event of a trademark dispute. Now that is value.  It protects the owner on the front end and the back end.

There is nothing you can do for your brand that provides more protection – and insurance – as obtaining a trademark registration from the USPTO.

* For more on preventive and contingent insurance, see the writings of Million Dollar Consulting®’s Alan Weiss here and here.

Thankfully, the application was also abandoned by the Association. There was quite a firestorm at the end of August as it became known that the ALS Association filed to register ICE BUCKET CHALLENGE and ALS ICE BUCKET CHALLENGE as trademarks with the USPTO. I was certainly quite critical of the association (See blog, Washington Post, LA Times.)

It has now come to my attention that the Association also applied, on the same day in August, to register #IceBucketChallenge (Serial No. 86375299) and #ALSIceBucketChallenge (Serial No. 86375307) trademarks for use in commerce with “charitable fundraising.” These applicatoins are even more shocking as they were an even more bold attempt to control what was a publicly created grass-roots movement, phrase and phenomenon. These application were also abandoned after the public backlash on September 1st.

I hope that the ALS Association will fully investigate whose decision it was to file the four trademark applications. Did the ALS Association believe that it could stop others from using the hashtag?


FireShot Screen Capture #172 - 'Homepage - ALS Association' - www_alsa_orgfor more about ALS and the ALS Association, see