Archive for January, 2017

This offer from “United States Trademark Maintenance Service” raises as many questions as it does answers.

  • Are they attorneys providing this services who are bound by the professional rules of ethics, attorney-client privilege, and such?
  • Do they help their clients understand the declaration to be signed?
  • The USPTO Section 8 filing fee actually just changed, effective January 14, 2017, to $125.
  • What is all the goods and services in the registration are no longer in use?
  • Why does their form look so simple?
  • Why does their form look and sound so much like it is from the USPTO?
  • Who will sign the filing?
  • What about Section 15 affidavits – do they file them? Do they advise what the benefits are or whether one is appropriate?
  • Furthermore, it contains a falsehood, that the “USPTO does not provide any reminder of the section 9 requirement beyond the information of the original Certificate of Registration…”  The USPTO began sending email reminders of the Section 9 period about a year ago.

Recent Client Trademark Registrations Vol. 95

Posted by ipelton on: January 26th, 2017

Here is another update of recent Erik M. Pelton & Associates client trademark registrations obtained from the public records of the USPTO 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.]

Last month, our clients were issued 18 USPTO trademark registrations.

  • Trademark image – Masonry services; Construction and installation of masonry walls and structures; Consulting services for the construction and installation of masonry walls and structures; planning and building of columbariums; landscape design and build services
  • Trademark image-Downloadable e-books in the field of children’s books
  • Trademark image – Jewelry
  • Trademark image – Safety helmets, safety hard hats, and parts therefor, namely, goggle retention clips for protective safety helmets and protective face shields for protective safety helmets
  • WASHINGTON CAPITAL PARTNERS –  Private money, mortgage, and real estate lending services; Financial services, namely, money lending; Mortgage lending
  • BBA – Administration of community recreation sports leagues
  • Trademark image –  Vehicle fenders, mounting brackets for vehicle fenders, vehicle number plates, motorcycle fork protectors, mud flaps and metal tool boxes with attached number plates for mounting on motorcycles
  • PENNINGTON CAKES – Custom cake decorating
  • Trademark image –  Custom cake decorating
  • TRANSFORMING OPERATIONS. TRANSFORMING BUSINESS – Business consulting; providing a website featuring information in the field of business and business consulting
  • DISCOVER – Pregnancy and ovulation home test kits; Urinary tract infection home test kits comprised of medical diagnostic reagents and assays for testing urine; Blood glucose home test kits comprised of test strips for measuring blood glucose levels; Diagnostic test kits comprised of medical diagnostic reagents and assays for testing of bodily fluids that test for the presence and levels of infectious diseases, cholesterol, blood gas, troponin, cardiac tests, cancer screening, hemoglobin, A1C, diabetes, and PT/INR; Drug testing kits comprised of medical diagnostic reagents and assays for testing body fluids
  • THE WORKING  SMARTER GUIDE – Providing online career information; Providing online employment information; Providing online information relating to business matters
  • STANER – Audio and stereo equipment, namely, loudspeakers, powered sound amplifiers, speaker cabinets, powered loudspeakers, musical instrument amplifiers, microphones, analog and digital sound mixer units, equalizers, electrical cable and connectors, audio cable and connectors, and public address systems comprising loudspeakers, microphones, amplifiers, equalizers, electrical cable and connectors; audio chassis
  • Trademark image– Consulting in the field of business
  • MDR – Clothing and apparel, namely, shirts
  • THE SMARTEST DISTANCE BETWEEN TWO POINTS – Providing online career information; Providing online employment information; Providing online information relating to business matters
  • MUSCLE DEMANDS RESPECT – Clothing and apparel, namely, shirts

A day with The Slants (Tam v. Lee) at the Supreme Court

Posted by ipelton on: January 24th, 2017

Last week, I waited in line and was fortunate to be one of the last ones allowed into the court room of the Supreme Court to sit for the full hearing in Tam v. Lee, the case involving an application to register THE SLANTS trademark with the USPTO. The case itself involves First Amendment law as much or more than trademark law. The issue at hand is whether to uphold the decision of the Federal Circuit Court of Appeals which struck down 15 U.S.C. §1052(a), the section of the code that prevents federal registration of “disparaging” trademarks at the USPTO.

My gut reaction (predictions here are quite difficult) is that Court is likely to overturn the appellate decision and to continue to allow the USPTO to forbid registration of disparaging trademarks. A few reasons:

  • The statute has stood for decades until the recent action by the Federal Circuit.
  • There is no analogous “bucket” of 1st Amendment cases for this one to fit nicely within; this government program is unique.
  • The questions from the Court appeared to indicate a lot of dissatisfaction with and weaknesses in the arguments from both sides.
  • The Court did seem to latch onto the fact that brand owners have rights and protections (although they are not the same) even without trademark registration.
  • The “Redskins” case hangs over this one. Does the Court wish to be on the side of history that permits registration of the Redskins brand name, or the side that believes certain words are so harmful that the government should not back them?
  • Could the Court possibly allow the statute to stand but direct the USPTO to work on better standards for evaluating which marks are ‘disparaging’? This middle ground may not be simple, but the Court can likely do whatever it wishes.

That is simply my instinct. I very well may be wrong.



Road trip photo journal: great trucking slogans

Posted by ipelton on: January 23rd, 2017

Great slogans and logos surround us all the time.  Here are some great slogans and logos I found on a recent road trip:

  • “Moving You Forward”
  • Delivering Superior Quality Service”
  • From their website: The Eastern Freight Ways “on the ball” motto exemplifies our service record of excellent response time, guaranteed equipment availability and on-time performance.
  • “Helping the world keep promises.”
  • “A flower is worth a thousand words….”
  • “There’s more to Prime. A truckload more.”

Friday marks a US Presidential inauguration, a once every four year event.

There are only a handful of registered trademarks that featuring inauguration words (click marks for USPTO records):

  • INAUGURAL RED – registered for beer
  • PRESIDENTIAL INAUGURAL CONFERENCE – registered for conferences in the field of American national government
  • Mark Image– registered for  Educational and entertainment services, namely, organizing activities related to the presidential inaugural, and more
  • INAUGURATION STATION – registered for Retail store and on-line retail store services featuring souvenirs and memorabilia
  • Mark Image– registered for collectible coins; Commemorative coins; Monetary coin sets for collecting purposes; Souvenir pressed coins
  • INAUGURATION – Colognes, perfumes and cosmetics; Eau de perfume; Eau de toilette and eau de cologne; Perfumes, aftershaves and colognes.
  • PRESIDENTIAL YOUTH INAUGURAL CONFERENCE – Educational services, namely conducting seminars in the field of American national government
  • WASHINGTON LINK – Registered for Special event and reception planning services; production of special events and entertainment events, namely, galas, educational exhibitions, presidential inauguration parties, award programs, weddings, dinners, receptions, educational conferences and meetings
  • MARDI GRAS PRODUCTIONS – registered for entertainment services, namely, production of balls, galas, inaugurations, and corporate parties; lighting productions; wedding party planning and production.

And a party that has received a lot of media attention in recent weeks:

  • DeploraBall – Arranging and conducting special events for business purposes