Archive for January, 2015

Sunday is the Super Bowl®. In addition to the football game, Super Bowl Sunday is all really about brands – teams, television networks, advertisers, celebrities, and more.

For this year’s game, here is a lineup of some of valuable and important trademarks that will be on display Sunday (click trademarks or images for U.S. Patent and Trademark Office records):

  • UNIVERSITY OF PHOENIX STADIUM – registered for Entertainment services, namely providing multi-purpose stadium and athletic field facilities for sporting events, concerts, corporate events, social functions, conventions and trade and consumer shows; information services, namely, providing information relating to sporting and entertainment events and activities by means of the internet
  • Halftime performer KATY PERRY – Entertainment services in the nature of live musical performances…
    • LET LOVE RULE (t-shirts) from Perry’s special guest Lenny Kravitz


  • DO YOUR JOB – registered in 2014 for entertainment services, namely, providing expert commentary on sports events via the Internet
  • NEXT GAME UP – registered in 2014 for entertainment services, namely, providing online information in the field of sports and sporting events related to football games, competitions and exhibitions; providing a website featuring photographs and other multimedia materials in the field of sports and sporting events related to football games, competitions and exhibitions.
  • THE BELESTRATOR – Entertainment services, namely, providing expert commentary on sports events via television or the Internet
  • WE ARE ALL PATRIOTS – Fan clubs; online fan clubs; entertainment services, namely, providing online information in the field of sports and sporting events related to football games, competitions and exhibitions; providing a website featuring photographs and other multimedia materials in the field of sports and sporting events related to football games, competitions and exhibitions; providing online newsletters and alerts in the field of sports and sporting events related to football games, competitions and exhibitions
  • Trademark image – variety of goods and services
  • PATS – T-shirts, sweatshirts sold to promote an affiliation or association with a professional football team
  • REVIS ISLAND [Darrelle Revis] – t-shirts, sweatshirts, sweatpants, hats, footwear, sleepwear, swimwear
  • Trademark image[Tom Brady] – entertainment and education in the nature of on-going audio visual and multimedia interactive programming providing information on celebrities distributed over a global computer network; Clothing, namely, hats and shirts
  • WILFORK YOU UP [Vince Wilfork] – T-shirts
  • GET GRONK’D and GRONK NATION – owned by Gronk Nation, with statement “The name(s), portrait(s), and/or signature(s) shown in the mark identifies Robert Gronkowski, Christopher Gronkowski, Daniel Gronkowski, whose consent(s) to register is made of record.”
  • BLOUNT FORCE TRAUMA [LaGarette Blount] – t-shirts
  • TROPHY TOWN [owned by Kraft Group LLC] – T-shirts, sweatshirts, baseball caps, knit hats


  • Trademark image– several registrations
  • WE ARE 12
  • THE 12’s – pending application for Arranging for ticket reservations for professional football games and other football entertainment events connected with professional football; Arranging of contests for fans in connection with professional football games; Entertainment in the nature of professional football games; Entertainment services, namely, arranging and conducting of competitions for games of skill and chance and spirit competitions for professional football sports fans; Entertainment services, namely, conducting contests for fans in connection with professional football games; Fan clubs for professional football fans; organization of professional football games and games for professional football fans; organization of sports events in the field of professional football; Organizing community sporting and cultural events; Organizing exhibitions for the entertainment of professional football fans; Organizing sporting events, namely, professional football and sporting events for professional football fans; Providing information relating to professional sports and professional sporting events; Providing on-line newsletters in the field of professional football; Providing online newsletters in the field of professional football via e-mail
  • Trademark image– registered for ‘Accepting and administering monetary charitable contributions; Charitable fund raising; Philanthropic services concerning monetary donations; Political fund-raising services; Providing college scholarships; Providing educational scholarships; Providing grants to charitable organizations’
  • LEGION OF BOOM – towels
  • BLITZ – registered by Seahawks for “Entertainment services in the nature of a team mascot for a professional football team; public appearances by a mascot, both live and via broadcast over television, cable, satellite and/or worldwide web”
  • BEAST MODE: Registered by Marshawn Lynch for t-shirts
  • RUSSELL WILSON owns several pending applications, including:
    • DANGERUSS WILSON – Entertainment services, namely, live, televised and movie appearances by a professional entertainer; Entertainment services, namely, participation in professional football; Entertainment services, namely, personal appearances by a professional athlete
    • WHY NOT YOU –  charitable fundraising


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Tuesday Trademark Tip: Register domain names first

Posted by ipelton on: January 27th, 2015

Before launching a new brand name or company name, register the relevant domain names. Consider a few different extensions, not just the .com. And consider some different spellings if applicable. Once you make a name public, or file a USPTO trademark application, the world knows about it. And there are plenty of nefarious people who try to register domain names that correspond with brand names and company names so they can offer them for sale, or worse. (While there may be legal action available against a cybersquatter, such a proceeding could be even more expensive than buying the domain name from the party that bought it.)

Save money – and protect your brand – by registering domain names first.

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FireShot Pro Screen Capture #057 - 'Home Page' - tuesdaytrademarktip_com

The USPTO is supposed to be an American symbol and repository of technology, entrepreneurship and innovation. But it is now 2015 and the USPTO website is still not available from a mobile phone (yes, there is a Beta update to the website, but many pages on it are not mobile formatted, including most pages with any specific file information or filing processes). And there is no app, and no app on the horizon to my knowledge.

According to the USPTO website, “The USPTO is at the cutting edge of the nation’s technological progress and achievement.”

Really? The USPTO should invest the appropriate resources immediately to create and app and format all of its pages and systems and data for use across all screens. The more people that can use the USPTO systems, and the easier they are to use, the more informed the public will be and the more complete the patent and trademark registers will be. In other words, making the USPTO website and filings available to more people in more ways has a direct impact on the economy and the protection and strength of US intellectual property .

United States Patent and Trademark Office

Everyone knows that Xerox® and Kleenex® are not generic terms, even though many used them generically to refer to a category of products and not a particular brand. But there are many other names that you won’t believe are also registered trademarks and not generic terms.

Believe it or not, these names are not generic [click marks for USPTO records]

  1. SKINNYJEANS – women’s slimming blue jeans
  2. HULA-HOOP – plastic toy hoops
  3. ONESIES – Infant’s and children’s clothing, namely, infantwear, underwear, bodysuits, underclothes and undergarments
  4. CROCK-POT – electronic cooking appliances, namely casseroles
  5. KOOZIE – insulated containers for beverage cans
  6. SPIN – stationary exercise bicycles; physical fitness instruction
  7. ROLLERBLADE – boots equipped with longitudinally aligned rollers used for skating and skiing
  8. FRISBEE – toy flying saucers for toss games
  9. PING-PONG – bats and rackets of the tennis type for games
  10. BUBBLE WRAP – Cellular Cushioning Packaging Material which Contains Entrapped Bubbles of Air or Other Gases
  11. BONUS: CHAPSTICK – non-medicated lip balm

of course, there are more too! (VELCO, X-ACTO KNIFE, POPSICLE, Q-TIPS, ZAMBONI, SKEE-BALL,….)

File:Folsom Hula Hoop.jpg

A woman using a Hula-Hoop. Image via wikimedia commons



“Je Suis Charlie” became a worldwide rallying cry following the horrific events in Paris earlier this month. As a result, the phrase is unlikely to be capable of functioning as a trademark and any applications to register it should be refused by the USPTO trademark office immediately.

One such application has already been filed, for JE SUIS CHARLIE for use with ‘ Promoting charitable giving that reflects the core values of the donor by providing a method to identify the donor’s core values and to select charities that foster those values’. See application Serial No. 86499802.

While not entirely the same scenario, the phrase is reminiscent of past efforts to register other public phrases, like OCCUPY WALL STREET, BOSTON STRONG, and ICE BUCKET CHALLENGE.

These phrases really do not function as trademarks — their public meaning is so well known it is extremely difficult to imagine how consumers could ever recognize them brands, as indicating the source of goods or services. They are also likely to be perceived as ornamental.

Some may argue that the applicant may have filed to register the phrase because they didn’t want someone else to secure the name and prevent others from using it. But that is circular logic, because by claiming trademark rights to the phrase the applicant could potentially – if granted a registration – try to prevent others from using the phrase.

Note that OHIM, which oversees trademark registration for the European Community announced on Friday (H/T to @IPKat) that they would likely be refusing applications for “Je suis Charlie” trademarks:

OHIM – je suis Charlie

As a general rule, OHIM’s policy is not to comment on any individual cases of trade mark or design applications either before examination or at any stage of the application and registration cycle.

However, the IP issues surrounding the registration of the “Je suis Charlie” mark could be considered to be of overriding public interest.

Therefore, according to OHIM’s Guidelines for Examination on Community Trade Marks (Part B, Section 4), an application which consisted of or which contained the phrase “Je suis Charlie” would probably be subject to an objection under Article 7 (1) (f) of the Community Trade Mark Regulation, due to the fact that the registration of such a trade mark could be considered “contrary to public policy or to accepted principles of morality” and also on the basis of Artice 7(1)(b) as being devoid of distinctive character.

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Translation: "I am Charlie"