Archive for October, 2014

Trademark Quiz: Halloween candy configurations

Posted by ipelton on: October 31st, 2014

Can you identify some of candy in your Halloween trick or treat bag solely from its shape? Without tasting, or viewing the wrapper?

That the configuration or shape of products can be registered ‘non-traditional’ trademarks. In fact, many candy configurations are registered. How well do you know your candy configurations?

See answers (and USPTO links) below.

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Answers: (in random order)



Ring Pop

Dum Dum’s

Candy Buttons

Hershey’s Kiss

Blow Pop


Fruit Stripe

Altoid’s tin

Tootsie Roll


Tic Tac


Tootsie Pop




Which is your favorite candy configuration?

(c) 2014 Erik M. Pelton & Associates, PLLC

The USPTO announced last week, at the TPAC meeting, that it will begin sending notices via email to trademark registrants about upcoming deadlines for Section 8 declarations of continued use (due between the 5th and 6th anniversary of the registration) and Section 9 renewals (due every 10 years after registration).

Since these renewals will be sent via email, trademark registrants can only receive them if they have a valid email address on file with the USPTO.

The USPTO’s formal announcement is here: USPTO to Issue Courtesy Email Reminders of Registration Maintenance Filing Deadlines

TIP: Trademark registrants who obtained a USPTO trademark registration without having counsel, it would be wise to check the TSDR records and make sure that the correspondence information lists a valid email address. If no email address is listed, Registrants can file a “Change of Correspondence Address” electronically with the USPTO to include an email address and to check the box authorizing email communications.


I recently rode my bicycle past the Jonathan Adler store in Georgetown. The windows of the home furnishings and pottery store feature great slogans that are memorable and fun!

“where lonely sofas meet perky pillows”


“you 24-hour pot dealer”

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Tip: Got a great slogan? Want to make sure others can’t use it? Register it with the USPTO!

Recent Client Trademark Registrations LXXI

Posted by ipelton on: October 28th, 2014

The following is another update of recent Erik M. Pelton & Associates 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]

  • WHERE SCIENCE MEETS SPIRIT – Providing a website featuring information in the field of personal growth; consulting in the field of personal growth featuring self improvement, law of attraction, and spirituality
  • Trademark image– Photography services
  • GPL – Entertainment services, namely, organizing and conducting paintball matches, paintball tournaments, and live paintball exhibitions
  • MI UNIVERSIDAD – Educational services, namely, providing courses of instruction at the college and post-secondary educational levels and providing online learning instruction at the college and post-secondary educational levels
  • TALENT BENCHSTRENGTH – consulting in the field of business, business succession, and talent management and review
  • RECLINER COMFORT FOAM – Non-orthopedic footwear insoles and inserts for cushioning
  • ANIMOBY – Mobile software for creating and sending lessons, presentations, voice recordings, audio, images, illustrations to others and via social networks
  • GONE MAD – Apparel, namely, shirts, sweatshirts, jackets, hats, pants, shorts
  • SALES YOGA – Downloadable audio recordings and video recordings in the field of sales and business; audio recordings and video recordings in the field of sales and business recorded on digital media
  • PETALS ‘N QUOTES – Greeting Cards
  • CROSS-STAR MINISTRIES – Bible study guides; flash cards, namely, scripture memorization cards; note cards, namely, prayer cards
  • ONEWAY TRAILERS – Transportation brokering, namely, matching truck operators and truck drivers to reposition trailers
  • HERBAL RESPIRATORY – Dietary Supplement
  • CASHTAG – Online social networking; providing on-line computer databases and on-line searchable databases in the field of social networking
  • YACHT3D – computer graphics design services


Last week, several notable and interesting trademark opposition cases were filed at the Trademark Trial and Appeal Board of the USPTO:

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  • Selfie Inc. opposed registration of SELFIE + for Downloadable camera app for photo distribution
  • The Edison Institute DBA The Henry Ford (which includes the Henry Ford museum and attracts nearly 2 million visitors) opposed THE WRIGHT BROTHERS bumper stickers and other items from The Wright Family Foundation

As with Oppositions in general, many of these cases will be likely settled. Some of the application will likely be abandoned. Neither action is necessarily an indication of whether the claims had legal merit.