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Recent Client Trademark Registrations LXXXVII

Posted by ipelton on: April 20th, 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]

  • PRODUCTIVITY BLUEPRINT – Educational services, namely, providing online workshops, seminars, and training lessons in the field of time management, personal and business productivity, personal technology and self-development
  • Trademark image – Clothing and apparel, namely, shirts, sweatshirts
  • TUFF GIRL – Physical fitness instruction; consulting in the field of fitness, exercise, athletics; personal fitness training services; physical fitness conditioning classes; conducting fitness classes; physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; physical fitness training services; providing a website featuring information on exercise and fitness; providing fitness and exercise facilities; providing coaching in the fields of nutrition and health
  • SWEAT. RINSE. REPEAT. – Clothing and apparel, namely, shirts; Physical fitness instruction; consulting in the field of fitness, exercise, athletics; personal fitness training services; physical fitness conditioning classes; conducting fitness classes; physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; physical fitness training services; providing a website featuring information on exercise and fitness; providing fitness and exercise facilities; providing coaching in the fields of nutrition and health
  • THE MAKING MAGNIFICENCE PROJECT – Educational services, namely, conducting speeches in the field of business, leadership, communications, operations, entrepreneurship, change, and innovation; Professional coaching services in the field of business, leadership, communications, operations, entrepreneurship, change, and innovation; Educational and entertainment services, namely, providing podcasts in the field of business, leadership, communications, operations, entrepreneurship, change, and innovation
  • THE COURAGEOUS LEADER – Business consulting services in the field of business leadership development and business management; Providing a website featuring information in the field of business
  • ON DEMAND HIRING – Consulting in the field of business; Coaching and training services in the field of business; workshops and seminars in the field of business, and publications distributed therewith; online journals, namely, blogs in the field of business
  • HERORAT – Charitable fundraising in the field of detection rats and global humanitarian issues
  • FIGUEIRA – Restaurant and bar services
  • NTH DEGREE – Flat irons
  • BLUE PEACH – Hookah tobacco
  • THOMPSON – Publications, namely, handbooks, newsletters, loose leaf hand-outs, in the fields of business, government, law and regulations
  • Trademark image– Publications, namely, handbooks, newsletters, loose leaf hand-outs, in the fields of business, government, law and regulations
  • APOPO – Charitable fundraising in the field of detection rats and global humanitarian issues
  • Trademark image – Administration of employee benefits concerning health, COBRA, unemployment, and retirement benefit plans; Implementation, configuration, and integration of 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
  • DOCERE ELEARNING SOLUTIONS – Developing and creating software and technology solutions, namely, webinars, online classes, online workshops, online training aids, and online tutorial use for others
  • STUNN’D – Women’s clothing, namely, shirts, blouses, skirts, dresses, shorts, pants, sweaters, jackets
  • BUSINESS LEADERSHIP MASTERY – Providing seminars and on-line seminars in the field of leadership; providing educational on-line teleconferences in the field of leadership; providing non-downloadable videos in the field of leadership; providing coaching services in the field of leadership; providing a website featuring non-downloadable videos, articles, and worksheets in the field of leadership; and providing in-person educational forums in the field of leadership
  • HAVE MERCY! – Hot sauces; salsas
  • TURNING WASTED ENERGY INTO FINANCIAL PROFITS – energy use management consulting services related to energy management solutions and systems in the field of hospitality
  • WISUITE – Thermostat control systems comprised of thermostats, firmware, and software for temperature control
  • Trademark image –  Thermostat control systems comprised of thermostats, firmware, and software for temperature control
  • TEXTAYARGU – Providing awareness, namely, promoting public awareness in the field of safe driving
  • MASTERING DIGITAL AUDIO – Remote desktop technical support services, namely, troubleshooting in the nature of diagnosing computer hardware, software problems and audio recording and production equipment; consulting in the fields of computer hardware selection, implementation and use of computer hardware and software systems for others
  • INVOLVED FOOD SERVICES, LLC – Food service provider, namely, cafeteria and catering services
  • Trademark image– Restaurant and bar services; brewpub services
  • BRAZILIAN COCKTAIL – Hookah tobacco
  • MJP WEALTH ADVISORS – Financial services, namely, wealth management services
  • JTL MOBILITY – Nutritional, dietary, and botanical supplements; Natural supplements
  • CLOUD CHARCOAL – Hookah Charcoal
  • IHATEPAINTING.COM – Exterior coating services
  • HEART-WALL –  Educational services, namely, providing seminars and personal and group coaching services in the fields of wellness, personal lifestyle and relationships and physical, emotional and mental health and healing, excluding physical, health and medical treatment issues related to the cardiovascular system
  • Trademark image – Database management services; business records management relating to employee records; personnel recruitment and selection services for others; psychometric testing for the selection of personnel; business information services; compilation of business information; business information research services, namely, checking of official financial records; information and data compiling and analyzing of financial data relating to business management; business management; business administration; providing office functions; management and compilation of computerized databases; computer database management; data processing services; registration, management, transcription, systemization, maintenance and/or compilation of data and/or database information, namely, employment, education, membership, license and financial records; provision of business data information for commercial, business or trade purposes; compilation and transcription of data; providing online business directories, namely, addresses, telephone numbers or postcodes of corporate or commercial businesses; database management services, namely, employment, education, membership, license and financial records; provision of statistical information; business data analysis services; employment agency services; personnel recruitment consultancy; provision of business information; employee exit interview services for others; preparing mailing lists of customers; professional credentialing verification services of an employee’s educational instruction, educational degrees and school enrollment, namely, verifying the skills and knowledge of licensed professionals on behalf of others

Three trademark challenges faced by small businesses

Posted by ipelton on: April 18th, 2016

There are three particular concerns that affect small businesses when protecting their trademarks:

  • cost
  • prioritizing which trademarks to protect within a portfolio of brands and logos
  • finding a law firm that they are comfortable working with

For more on these challenges, see my video below:

Of course, there are many challenges for small businesses when it comes to trademark protection, but these are three of the most common and most important.

Marketing 101 for IP Attorneys: 5 basic tips

Posted by ipelton on: April 15th, 2016

To my fellow IP attorneys, I offer this free marketing advice with 5 simple tips:

  • If you have a blog, keep it updated. Otherwise, remove it from your website – it makes you look stale and out of touch. If you last post is a year in review from 2013….. you get the point.
  • Use a monthly or quarterly e-newsletter to stay in touch with your clients, they will appreciate it, and your name and contact information will be at their fingertips more frequently. You will increase repeat business as a result.
  • If you have icons on your webpage for Facebook, Twitter, Tumblr, or any similar social media service, those links should go to your page on the service. If you do not have a Twitter feed, do not have a Twitter/link icon on your website. That broken effort makes you look more out of touch than a page with no social media links would.
  • Practice what you preach: do you have copyright notices on your content? Have you filed to protect your firms logo or slogan trademarks with the USPTO?
  • Don’t be afraid to provide tips and advice in your blog and newsletters. Providing some advice does not mean that perspective clients do not need your services and can do it alone. It does show that you are knowledgeable and relevant, and it demonstrates that the subjects are complex and nuanced and your experience and insight is valuable.

Four simple steps for protecting trademarks

Posted by ipelton on: April 13th, 2016
Trademark law and protection can be complex and difficult. But at its core, there are four simple steps that every business owner or manager can take to help the business obtain strong trademark protection:
  • Identify – What do I have that is intellectual property (trademarks, copyrights, patents)? Review brand names, slogans, logos, websites, videos, podcasts, advertisements, written and graphic content, social media, and more.
  • Notify – Provide proper trademark and copyright notices often and prominently.
  • Register – Register the most important and valuable intellectual property assets.
  • Contracts – Ensure that intellectual property rights are covered in contracts with employees, independent contractors, partners, manufacturers, distributors, etc.

If more businesses would follow these four basic guidelines, there would be many fewer expensive trademark disputes to deal with!

Vice Media received a lot of unfavorable attention this week after demanding that a band in LA stop calling itself “ViceVersa.” Vice Media apparently requested a complete accounting in writing of all gross revenue and net profits.

Vice Media filed in March to Oppose the ViceVersa band trademark at the USPTO (proceeding number 91226792). Then this month their counsel sent an apparently strongly worded cease and desist letter to the band.

The situation has now spawned:

Vice Media created its own mess here. I’m not sure their claims are very strong. And their tactics may have backfired. The band is now far better known than it was 48 hours ago.

Thus, we have a classic example of the Streisand Effect. I have been speaking and writing on this phenomenon as it relates to trademark matters for many years. As I wrote in 2012:

When preparing a demand letter or a complaint, brand owners would be prudent to consider the reactions if the recipient posts the letter online, and how the brand owners’ clients will react to the publicity. Claims that are tenuous and demands that are heavy-handed are the most ripe for a “social shaming” reaction by the accused.Reasonable people and attorneys can certainly disagree in many instances as to whether a letter or complaint is appropriate; but the tactics and the demands often speak for themselves. Particularly when sending a ‘borderline’ demand, brand owners and their counsel must consider what responses the accused could make, and whether the message of the demand should be toned down or altered…. Perhaps different tactics could have achieved better results at a lower price, both in dollars and good will.

I guess counsel for Vice Media didn’t read that blog post?

By the way — don’t VICE and VICE-VERSA have very different meanings?!?!?!

For more on the situation, see article in OC Weekly.