‘IPelton® blog’ Category

The thirteenth annual Meet the Bloggers event will be held once again this year at the annual conference of INTA in Barcelona, Spain. All blog readers are invited to join us for the fun.  Please RSVP here so that we know to expect you!

MTB XIII will take place Monday, May 22, 2017, from 7:30 to 9:20 PM at Xup Xup (“shoop shoop”) on the beach in Barcelona (map).

Tiffany Blofield, Ron Coleman, Erik Pelton

photo from last year’s event in Orlando. photo credit: Stephen Baird

I am once again honored to be a host of this event with several colleagues:

Property, intangible
Pamela Chestek
Likelihood of Confusion
Ron Coleman
Ant-like Persistence blog and host of the E-Trademarks and Madrid-Llistservs
Carl Oppedahl
IPelton blog
Erik Pelton
The Legal Satyricon
Marc Randazza
The Trademark Blog and @leasonellis
Marty Schwimmer
The TTABlog
John L. Welch

For more details, see

USPTO trademark filings in 1st quarter of 2017 up nearly 4%

Posted by ipelton on: April 20th, 2017

The volume of trademark application filings at the USPTO continues to rise steadily. Filings in the first 3 months of 2016 are up at least 3% over the same time period from last year.

  • First 3 months of 2017: 102,146 new applications filed
  • First 3 months of 2016: 98,376 new applications filed note that when searched in April of 2016, this number was 94,044 which suggests the growth is even larger)
  • First 3 months of 2015: 91,153 new applications filed
  • First 3 months of 2014: 84,472 new applications filed
  • First 3 months of 2013: 80,591 new applications filed
  • Note: 2017 data retrieved via TESS search on on April 18, 2017

Related Posts:

I love finding creating and wonderful brand names. And they really are all around us. When trying to name a new service or product, finding a creative name can seem so difficult. Yet the extra effort and perseverance is worthwhile, because a great brand name can do so much.
For example, I recently found these memorable brands while traveling in Florida:
Jacksonville Jumbo Shrimp (minor league baseball)

Professor Plumb (plumbing)

Yogi Bears (yoga)

Chain Reaction (bicycle shop)

 Do or Dyle – color and beatuy bar
 Local Roots – beauty salon
It may be much easier to find a descriptive or common name for a business. But such a name is a lost opportunity, as the name is much less likely be original, memorable, talked about, or capable of strong legal protection.

This weekend marks the final games in the men’s college basketball season the Final Four®. Saturday evening, Gonzaga will play South Carolina in the first semi final, followed by Oregon versus North Carolina.  The winners will square off in the final game on Monday evening.

Of the four trademark portfolios, the North Carolina one is by far the most impressive. See details below.

Here are some of the pertinent trademarks for this weekend’s action (click marks/logos for USPTO information):


  • The “Bulldogs” name is not registered, presumably because it is not unique.
  • But KENNEL CLUB is registered for a variety of goods and services.
  • ZAGS – registered for ‘educational services in the nature of courses at university and postgraduate levels; library services; arranging and conducting athletic competitions’
  • Mark Imageregistered for a variety of goods and services


  • The name may be strange, but is it unique for athletics.
  • COCKS – registered for apparel and more
  • GAMECOCKS – registered for clothing and more; in use since 1958
  • USC – used since 1890; note that Univ. of Southern California and South Carolina were once in engaged in a lengthy trademark dispute regarding SC logos that went to the Court of Appeals for the Federal Circuit


  • GO DUCKS – registered for athletic competitions
  • OREGON DUCKS – registered for education and athletics
  • Mark Imageregistered for variety of goods and services



The games will be played at UNIVERSITY OF PHOENIX STADIUM registered for ‘Entertainment services, namely providing multi-purpose stadium and athletic field facilities for sporting events, concerts, corporate events, social functions, conventions and trade and consumer shows; information services, namely, providing information relating to sporting and entertainment events and activities by means of the internet.’

Some other pertinent NCAA marks:

A Facebook friend of client (a non-attorney) posted a question on Facebook regarding a potential trademark dispute, asking her friends to weigh in with their opinions as to whether it might be an infringement. The summary of the facts (no doubt missing some of the details) concluded with a request: Appreciate your thoughts and want to explore before I call my own attorney.

Here was my response:

I am a trademark attorney. And while I won’t comment here on the particulars, I would note that seeking input from others about a potential legal situation on FB is probably not the best idea. In a worst case scenario you could say or learn something via the post that could come back to harm any potential claims down the road.

I didn’t even get into other issues, like attorney-client privilege that could be waived if the poster’s attorney actually commented on it, or laches/acquiescence that could begin to toll more now that it has been made public that the poster is aware of the issues.

This is not the first time I have exhorted someone on Facebook not to share their potential trademark issue. Sharing it has a lot of potential downside, and little potential upside. What if dozens of people comment and almost all think that there is no infringement. And what if the alleged infringer sees that post or finds it later!? If they receive a “cease and desist” letter, I can only imagine the reaction.

And could a Facebook post be the basis for a declaratory judgment action? Probably not, but worth considering.

For some fun, true, and sad legal tips via Facebook, make sure to see

And for my Facebook page, full of fun trademark news and tips, see:

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