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I have received notice from several clients recently that they were mailed offers from Trademark & Patent Publications. While the offers contain disclaimers, they look like government documents and contain the application serial number. This “publication” has no value (despite the price tag of $1560). I know of no trademark professionals who consult these types of directories and they do not add to the brand owner’s trademark protection.

See WIPO scam warning here: http://www.wipo.int/madrid/en/fees/invoices_2015.html

TPP SCAM_001

Trademark Lawyer’s Guide to Orlando for #INTA16

Posted by ipelton on: May 19th, 2016

Next week, thousands of trademark professionals from around the world will descend upon Orlando for the annual meeting of INTA.

We offer this guide to many of the major sites and activities around San Diego, through our trademark perspective. Because this guide is for use with the INTA® (Registration No. 1914028) conference, we have, of course, included information regarding interesting trademark registrations!

– Erik Pelton

2016 Trademark Guide to Orlando by Erik Pelton

Recent Client Trademark Registrations LXXXVIII

Posted by ipelton on: May 18th, 2016

The following 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]

  • Trademark image   – Baseball caps; Boxer briefs; Boxer shorts; Button down shirts; Caps with visors; Children’s and infants’ cloth bibs; Golf shirts; Hats; Hooded sweat shirts; Infant and toddler one piece clothing; Jackets; Jerseys; Maternity clothing, namely, t-shirts; Open-necked shirts; Panties, shorts and briefs; Pants; Polo shirts; Shirts for infants, babies, toddlers and children; Shorts; Sweaters; Sweatshirts; T-shirts; Tank tops
  • BIBO – Workshops in the field of meditation and movement
  • BIBO BREATHE IN! BREATH OUT! – Stickers
  • FLIZZAGEL – Pizzas made with bagel dough
  • GENUINE SERVICE – Coaching in the field of sales, marketing, leadership, management, human resources, and customer service; providing motivational and educational speakers in the field of business; training in the field of business; providing classes, seminars, workshops in the field of business leadership, sales, and careers; providing training services for others in the fields of business, leadership, customer service, and sales and distributing educational materials in connection therewith
  • CONVERSATIONS THAT SELL – Providing training services for others in the fields of business, leadership, customer services, and sales techniques and distributing educational course materials in connection therewith
  • SALES PRO INSIDER – Business consulting; business consulting in the fields of sales, marketing, leadership, management, human resources, and customer service
  • WIIFT – Coaching in the field of sales, marketing, leadership, management, human resources, and customer service; providing motivational and educational speakers in the field of business; training in the field of business; providing classes, seminars, workshops in the field of business leadership, sales, and careers; providing training services for others in the fields of business, leadership, customer service, and sales and distributing educational materials in connection therewith
  • TRIEA – Consulting services in the field of heat and phosphorous recovery systems design and the design of agricultural and farming technologies
  • Trademark image – Consulting services in the field of heat and phosphorous recovery systems design and the design of agricultural and farming technologies
  • DIVI – Computer application software for mobile phones and tablet devices, namely, software for the distribution of promotional shopping offers and the collection of charitable donations
  • DIVI UP – Computer application software for mobile phones and tablet devices, namely, software for the distribution of promotional shopping offers and the collection of charitable donations
  • SUPRI – Salami; cured meats; meats; dry cured salami; calabrese salami; charcuterie
  • Trademark image – Computer application software for mobile phones and tablet devices, namely, software for the distribution of promotional shopping offers and the collection of charitable donations
  • BUILD A BUSINESS YOUR CUSTOMERS VALUE – Business consulting
  • SNAP SHOT – Entertainment services in the nature of an ongoing reality based television program
  • ERST – Sound healing therapy services
  • Trademark image – Providing a website featuring information, data and reports in the field of transportation and motor carrier transport
  • CREDITPAL – Providing a website featuring information of consumer financial services; all of the aforementioned services excluding the offering of banking services, financial services, payment processing services, lending and loan services, brokerage services, and lines of credit
  • MYCRAFT – prepared meals consisting primarily of chicken

Love it or leave it: Instagram’s logo redesign

Posted by ipelton on: May 16th, 2016

This week, Instagram announced a logo revision. It was promptly bashed by many, and I agree with those that question it. The old logo was well recognized and quite nice. I don’t know why any change was needed. It was not stale or dated (other than intentionally looking like an old camera). The new logo is less distinctive, less original, and has less character.

An additional failure regarding the new logo: it does not appear that any trademark application was filed for it at the USPTO prior to the unveiling.

image via AdWeek 

Instagram grows a growing list of logo redesign failures:

Our free secure cloud based tool, sofTMware®, continues to track thousands of USPTO trademark records for users. The software has been updated to work with the recent XML updates made to the data published by the USPTO.

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 notices, extensions of time to oppose, notices of opposition, and more record statuses are included in the updates. The email update also 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 to track your own records or those owned by others.

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!