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Archive for February, 2017

FOR IMMEDIATE RELEASE (2-23-2017)

Erik Pelton Selected for TBD Law, a Private Group of the Most Innovative and
Future-Oriented Small Firm Lawyers in the World

St. Louis, Missouri.—February 23, 2017—​Erik Pelton was named as one of 50 invite-only
members of the second ​ TBD Law​ conference in St. Louis on February 26-28, representing
some of the most innovative and forward-thinking solo and small firm lawyers to step outside
their comfort zone to reimagine the law practices of tomorrow. The event, a joint effort of the
online small firm community, ​ Lawyerist.com​ and meeting facilitation company, ​Filament​, is
focused on convening innovative small firm lawyers and changing the nature of legal
conferences and the legal profession.

“The first TBD Law conference was the two most valuable days of my professional life as a solo,
and I will continue to reap the benefits of these two days for years to come,” said 2016
participant Megan Zavieh.

“We are really excited that Erik Pelton is part of the TBD Law community and joining our
February conference in St. Louis. Erik’s innovative work on trademarks makes him a
tremendous addition to this small, select group and we are confident that he will make some
great contributions to helping define what the future of small firm law practice will look like,” said
Aaron Street, the CEO of Lawyerist.com.

Erik Pelton ​ will join 50 invitation-only attendees who will come together at TBD Law to workshop
fresh ideas, network, build their professional circle, participate in a hackathon, and much more.
TBD Law has no presenters, speakers, or session topics, but instead uses a variety of
interactive activities and techniques to engage attendees in working together to solve each
other’s challenges and work to define the future of law practice.

About TBD Law​: TBD Law is an invitation-only semi-annual event and online community for a
small group of the most innovative, creative, and forward-thinking small firm lawyers in the
world. It is organized by Lawyerist.com and Filament. Learn more: ​ https://lawyerist.com/tbd-law/

About Lawyerist.com: ​ Lawyerist.com is the​ largest online community of solo and small-firm
lawyers in the world. Learn more:​ ​ https://lawyerist.com/.

About Filament: ​ Filament is a St. Louis-based meeting facility and meeting facilitation service,
offering a new way of running meetings. Learn more: ​ http://www.thefilament.com/
###

Terrific trademark tool: portmanteau

Posted by ipelton on: February 21st, 2017

A “portmanteau” is when a new word formed by fusing together two or more parts of existing words. Creative portmanteaus can make for terrific trademarks that are creative and suggestive, and thus capable of strong legal protections and powerful branding.

Here are several examples recently filed in applications with the USPTO (click marks for USPTO records):

  • PLANTIOXIDANTS for Cosmetic preparations for skin care; Cosmetics; Non-medicated skin care preparations
  • GLAMORGANICS for cosmetics
  • MEDEATERRANEO – variety of food products
  • ANIMALLUSIONS – Sculptures made of metal
  • CARTOONVERSATION –  Educational services, namely, providing the development of cartoons for children in the fields of personal and social issues
  • Tofuture logo for Food preparation; Preparation of food and beverages

Mark Image

Portmanteaus are valuable tools for creating good trademarks!

Related post: Two key brand name / trademark concepts: portmanteau & alliteration

Recent Client Trademark Registrations Vol. 97

Posted by ipelton on: February 17th, 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 20 USPTO trademark registrations.

  • A CHIP OFF THE OLD BLOCK – On-line non-downloadable electronic newsletter in the field of sales
  • GERMONO ADVERTISING COMPANY – Advertising agency services; marketing consulting; media buying services for radio, television, print, outdoor and other media; business consultation and management regarding marketing activities in the nature of social media marketing management and consulting services
  • HAZELBERRYANA – Crepes
  • I AM NOT AFRAID TO LIFT – Physical fitness instruction; Conducting fitness classes, workshops, and retreats; training and seminars in the field of strength; workshops in the field of strength
  • THE WAR HORSE – Providing a website featuring investigative journalism, feature stories and first-person reflections in the fields of military and veteran issues; online publications, namely, magazines and blogs about military and veteran issues; Providing an Internet news portal featuring digital collections of non-downloadable multimedia profiles in the fields of war, military and veterans issues
  • Trademark image – Providing a website featuring investigative journalism, feature stories and first-person reflections in the fields of military and veteran issues; online publications, namely, magazines and blogs about military and veteran issues; Providing an Internet news portal featuring digital collections of non-downloadable multimedia profiles in the fields of war, military and veterans issues
  • YESTERDAY’S WARS. TODAY’S VOICES. – Providing a website featuring investigative journalism, feature stories and first-person reflections in the fields of military and veteran issues; Online publications, namely, magazines and blogs about military and veteran issues; Providing an Internet news portal featuring digital collections of non-downloadable multimedia profiles in the fields of war, military and veterans issues
  • LIFESAFE – Online retail store services, wholesale distributorship services, and catalog ordering services, featuring safety and protective gear, apparel, and supplies
  • SIX HOUR STRATEGY – Providing workshops, seminars, and coaching in the field of business, entrepreneurs, business growth, business strategy, marketing, and business management; providing on-line newsletters in the field of business, entrepreneurs, business growth, business strategy, marketing, and business management
  • Trademark image  -Income tax consultation; Income tax preparation; Tax advisory services; Tax and taxation planning, advice, information and consultancy services; Tax consultation; Tax filing services; Tax preparation; accounting services; providing financial and accounting workstation areas for use by others equipped with office equipment
  • Trademark image– Information technology and IT consulting services; Computer services, namely, remote management of the information technology (IT) systems of others; Computer services, namely, on-site management of information technology (IT) systems of others; Computer technical support services, namely, 24/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications
  • CHEDDAR ROUNDS – Hash brown potatoes
  • BLINGLIGHTS – Vehicle driving lights; lights for vehicles, namely, fog lights, accent lights, signal lights, taillights, and headlights
  • TEEN PRINCE CHARMING – Dolls
  • WHOLE BODY LEADERSHIP – Downloadable audio files in the field of business and leadership; Coaching services in the field of business and business leadership; Providing seminars and workshops in the field of business and business leadership
  • YASINI – Jewelry
  • SIGN TRADE – Custom manufacture of signs
  • TEEN PETER PAN –  Dolls
  • SIX HOUR SUCCESSION – Providing workshops, seminars, and coaching in the field of business
  • SIX HOUR BUSINESS – Providing workshops, seminars, and coaching in the field of business; providing nondownloadable e-books and non-downloadable audio and video recordings in the field of business

Common trademark application mistakes – and how to avoid them

Posted by ipelton on: February 13th, 2017

This video of mine from almost 6 years has been viewed nearly 50,000 times!  So it must contain some great information 🙂

The video features a discussion of common mistakes made in trademark application filing with the USPTO (www.uspto.gov), by Erik M. Pelton & Associates. Recorded February 18, 2011. It also features several things that no longer exist: our old offices, more hair, and actual physical law books!

Where is the USPTO’s “Trademarks Next Generation” project?

Posted by ipelton on: February 11th, 2017

The USPTO launched an initiate to update its trademark computer and web systems in 2010. Nearly seven years later, many things have not changed. TESS is still the same interface. Most USPTO systems are not mobile formatting. The content of documents is not searchable. Yes, there have been some changes and improvements, and many of them are behind the scenes to infrastructure that is not readily apparent to the end user. And of course a project of this size and scope faces many challenges including funding and the difficulties created by a variety of old “legacy” trademark systems that operated separately, were coded in different languages, housed on different servers, and weren’t build for today’s internet.

However, even with those challenges, it has been seven years. And many of the suggestions I made in a June 2010 blog comment are still applicable! (bold emphasis added)

A few ideas for additions to the trademark systems as part of “Trademarks Next Generation”: • Add a TTAB proceeding link to TARR • Format all USPTO trademark pages for mobile browsers show upcoming USPTO deadlines for Applicant responses in TARRAllow users to save frequently used TESS searches • Allow for longer TESS search sessions when necessary • In TESS search results, provide a link to send the search results to another partyMake USPTO Office Action PDFs searchable • Make USPTO Office Action Response PDFs searchable • Publish TESS search system “application programming interface” (API) to encourage new ways and uses for searching the trademark registry – Erik Pelton – Erik M. Pelton & Associates, PLLC – www.erikpelton.com

Posted by Erik Pelton on June 16, 2010 at 11:21 AM EDT

From the Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos’s March 22, 2010 blog post announcing “Trademarks Next Generation”. The other comments on the Kappos blog post also feature many excellent suggestions.

The recent annual report of the Trademark Public Advisory Committee details some of the ongoing difficulties and challenges. Here is a quote from the report:

“The original development timeline of 18 months was, in hindsight, unrealistic, and the size and scope of TMNG have grown considerably since the system was proposed in 2009. The USPTO now projects that full implementation of all phases of TMNG will not be finished until at least FY 2019—eight years after conceptual work on the system began in 2011.”

Given the need for these ‘next generation’ tools – trademark filings are at all time highs and the old tools are out-dated and not nearly as robust as they could be – trademark users and counsel should be congnizant of this situation to monitor progress and weigh in when appropriate to urge continued advancements.

USPTO Seal