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Seven quick tips for protecting your brand

Posted by ipelton on: November 21st, 2014

One of the first blog posts I wrote was on this subject. It is basic and brief – but very important!

  1. Choose Wisely – The more creative your brand name is, the greater the odds that it is unique.  More distinctive and create name or slogan is generally more capable of standing out among the competition and becoming a brand with real value. Which sounds like a more exciting brand, a more valuable brand: “Jim’s Gym” or “Vantage Fitness“? “Cincinnati Frozen Yogurt” or “fraîche”? “Joe’s Pizza” or “Pie-tanza” “Search.com” or “Google”?
  2. Use it – The more prominently you use your trademarks – brand names, logos and slogans – the stronger and more distinctive they become and the more your likely customers are to remember your brand and to use it to tell others about it.
  3. Distinguish It – Use ALL CAPS, bold or italics to emphasize your brand as often as you can.  Then the customer knows exactly what your brand is.
  4. Register it – Registration provide enhanced legal and practical protection and increases the dollar value of your trademark assets.
  5. Create Google Alerts – An easy and free way to monitor for others copying your brand or commenting on it.  If you find a possible infringement, contact an attorney. www.google.com/alerts
  6. Enforce it – When your trademark is violated, take action quickly. If you don’t care enough about your brand to fight for it, why should the customers care? Taking quick action generally leads to quicker, better, cheaper resolution of the problem.
  7. Think outside the trademark box – Are there sounds, shapes, colors, patterns, uniforms, or other ‘nontraditional’ trademarks being used to help make your brand stand apart?  If so, highlight and protect them.

© 2014 Erik M. Pelton & Associates, PLLC.

Recent Client Trademark Registrations LXXII

Posted by ipelton on: November 18th, 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]

  • EZPRINT – computer software for previewing and printing a variety of file formats to commercial printers
  • VOTENENT –  Providing non-downloadable computer software for use in the field of elections, balloting, and voting, namely, software that creates, manages and conducts elections, votes and surveys; computer software development; consulting in the field of design, selection, implementation and use of computer software for others
  • VOTENET SOLUTIONS – Providing non-downloadable computer software for use in the field of elections, balloting, and voting, namely, software that creates, manages and conducts elections, votes and surveys; computer software development; consulting in the field of design, selection, implementation and use of computer software for others
  • MEDICAL IDENTITY – Business marketing consulting, namely, reputation management and online reputation management for doctors
  • LIFE CHRONICLED – Photography Services
  • Trademark image- shopping center services, namely, rental and building management of shopping center space featuring restaurants, eateries and retail stores
  • Trademark image   – shopping center services, namely, rental and building management of shopping center space featuring restaurants, eateries and retail stores
  • Trademark image - Architectural services; Interior design services; Graphic design services; Custom furniture design
  • COLUMBIA BOOKS - Publishing of a series of books, handbooks, newsletters, loose leaf handouts, and online electronic publications in the field of legal matters, regulatory matters, advertising, sales leads, and politics; educational services, namely, providing non-downloadable webinars in the field of legal matters, regulatory matters, advertising, sales leads, and politics; providing a website featuring information about political issues; providing training services in the field of legal matters, regulatory matters, advertising, sales leads, and politics; arranging and conducting in-person and webinar conferences in the field of legal matters, regulatory matters, advertising, sales leads, and politics
  • Trademark image – Automotive components namely, rotating electrical parts, namely, motors and motor assemblies and components thereof especially for use in starters, alternators, and generators for land vehicles
  • RAND-TEK – Automotive components, namely, rotating electrical parts, namely, motors and motor assemblies and components thereof especially for use in starters, alternators, and generators for land vehicles
  • RAND - Automotive components, namely, rotating electrical parts, namely, motors and motor assemblies and components thereof especially for use in starters, alternators, and generators for land vehicles
  • THOMPSON INFORMATION SERVICES – Publications, namely, handbooks, newsletters, loose leaf hand-outs, in the field of legal and regulatory matters
  • SISLERS STONE – Wholesale distributorships and retail services through direct solicitation by distributors directed to end-users featuring landscape and garden products and accessories, construction products and accessories, natural stone, concrete and masonry
  • DERMADART – Hypodermic and sterile surgical needles; arrays of hypodermic and sterile surgical needles; devices for the transdermal application of active substances, namely, transdermal drug delivery devices using moving arrays of hypodermic and sterile surgical needles sold without medication; devices for stimulating wound repair and skin regeneration, namely, wound healing devices using moving arrays of hypodermic and sterile surgical needles; devices for increasing the transcutaneous absorption of cosmetic and pharmaceutical preparations, namely, transdermal drug delivery devices using moving arrays of hypodermic and sterile surgical needles sold without medication; containers and devices for sterilizing medical devices, skin and hair, namely, sterilization units for medical purposes
  • RADICAL ACCOUNTABILITY - 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
  • COMMERCE COMMERCIAL CREDIT – Loan and credit services featuring inventory as collateral; loan and credit services featuring receivables; factoring agency services; accounts receivable financing services
  • ONESOURCE VIRTUAL – Business administration, management, and outsourcing services in the fields of treasury management, bank reconciliation, electronic fund transfers, positive pay services, financial account reconciliation, collections management, receivables management, payables management; operational business assistance to enterprises; business records management; financial records management; human resources management; outsourcing services in the fields of human resources, employee benefits, risk management, training, business management, accounts administration, business records management, financial records management; value-added reseller services, namely, distributorship services featuring computer software systems in the fields of human resources management, payroll administration, employee benefits, business management, accounts administration, business records management, financial records management, customer relationship management; payroll administration
  • Trademark image -Business administration, management, and outsourcing services in the fields of treasury management, bank reconciliation, electronic fund transfers, positive pay services, financial account reconciliation, collections management, receivables management, payables management; operational business assistance to enterprises; business records management; financial records management; human resources management; administration of payroll; outsourcing services in the fields of human resources, employee benefits, risk management, training, business management, accounts administration, business records management, financial records management; value-added reseller services, namely, distributorship services featuring computer software systems in the fields of human resources management, payroll administration, employee benefits, business management, accounts administration, business records management, financial records management, customer relationship management
  • BENY BROTHERS - clothing and apparel, namely, Hats, Jeans, Jackets, Shirts, T-shirts, Sweatshirts, Belts, Pants
  • I WAS IN NY – clothing and apparel, namely, Hats, Jeans, Jackets, Shirts, T-shirts, Sweatshirts, Belts, Pants

sofTMware® is a free tool provided by Erik M Pelton & Associates for tracking and monitoring the status of USPTO trademark applications and registrations. It was built from scratch and uses the electronic data published by the USPTO. The tool emails users daily reports notifying them of any changes in the statuses they are tracking. Office actions, responses, registrations, publication, extensions of time to oppose, notices of opposition, and more are all potential statuses included in the update. And the update contains an easy and quick link to jump directly to the USPTO records for each record which shows an update. The tool can be used to monitor a single application or registration – or hundreds of them. It can be used with your own records, or those owned by others. I often use it to track trademark applications that look interesting.

Using a cloud-based secure website and password protected accounts at https://www.softmware.com, the tool allows users to:

  • Follow all of your U.S. trademark applications and registrations in one place
  • Create custom categories to organize your applications and registrations
  • View all recent status updates
  • Link directly to multiple USPTO pages for each record (TARR, TDR, TTAB, Assignments)
  • View logo images
  • Sort records
  • Import multiple application serial numbers at once
  • Receive daily reports about status changes by email

For example, here is the beginning of an email update (the records here represent nothing other than that I found them interesting):

2012-12-18 SOFTMWARE email p1_001

sofTMware® is available for free at www.software.com.  Let me know what you think of it!

Trademark scams from WIPT and IP DATA continue

Posted by ipelton on: November 14th, 2014

This month, I received the trademark registration for THE NONTRADITIONAL TRADEMARK LAWYERS from the USPTO.  Within a few days, I received the correspondence below. The services for international registration offered are of negligible value at best. I have never met a trademark attorney that recommends these services or consults the registries for any purpose.

Beware of trademarks scams from IP Data and WIPT.  If you have any questions, consult an attorney.

WIPT trademark solicitation

IP DATA trademark solicitation

I frequently advocate on this blog that we should practice what we preach.  Many trademark law firms don’t have good slogans or logos. Many trademark law firms have not registered their trademarks with the United States Patent and Trademark Office.

Not so here at Erik M. Pelton & Associates!  Just added to our roster of registered trademarks: THE NONTRADITIONAL TRADEMARK LAWYERS®.

Get it? It is a double entendre, which makes for a fun, memorable and good trademark.

  • Nontraditional trademarks are source indicating things that are not words or designs, such as sounds, colors, shapes, mascots, uniforms, packaging, and more.
  • Nontraditional lawyers are different from traditional law firms. They use technology to provide more efficient services – the internet for research, email for communication, networks for document storage, and online systems for filing. They charge flat fees. They are smaller and nimble. They publish blogs, create apps, and use social media. They build and use proprietary software for managing dockets and deadlines. Their attorneys answer the phones and return messages promptly.

At Erik M. Pelton & Associates, we are nontraditional. And we have a great deal of experience protecting ‘nontraditional’ trademarks!

86165322 reg cert_001