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Recent Client Trademark Registrations Vol. 93

Posted by ipelton on: October 18th, 2016

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 21 USPTO trademark registrations!

  • Trademark image  – Non-aromatic spray used with perfume and fragrances to make the smell last longer
  • STUDIO 51 PRODUCTIONS – Video production services; production of videos with entertainment and educational content in the field of live events, corporate training documentaries; electronic field productions (EFP) in the nature of video production services outside of the studio; freelance post-production editing services in the field of music, videos and film
  • Trademark image – Charitable fundraising services; charitable fundraising services by means of organizing special events such as sporting events and musical entertainment events, to raise funds for programs in disadvantaged communities in the fields of children`s literacy, education, computer literacy, and internet literacy; charitable services, namely, providing financial support and monetary resources to support the educational needs of children in disadvantaged communities; charitable services, namely, providing financial assistance for the payment of tuition and purchase of educational supplies and equipment for children and schools in disadvantaged communities
  • MAYER & GROSH – Cutlery; knives; pocket and hunting knives
  • CHARLES NGO – Providing information in the field of marketing; providing a website featuring information in the field of marketing
  • AGENT OF CHANGE – Consulting services in the fields of fitness, yoga, and exercise; Personal fitness training services and consultancy; Physical fitness; yoga teaching; seminars and workshops in the field of yoga and physical fitness
  • Trademark image– Clothing, namely, dresses, tops, shirts, scarves, and gloves
  • THE DECISION CATALYST – Business consulting in the fields of leadership, and communication
  • AWAKEN YOUR IMPACT – Conducting business conferences in the fields of leadership, communications, and relationships; Conducting educational conferences, seminars, and workshops in the fields of leadership, communications, and relationships
  • LOVE THE WAY YOU LIVE – Series of prerecorded non-downloadable video tapes in the fields of real estate, art, culture, and food; real estate brokerage; providing a website featuring information, non-downloadable videos and non-downloadable articles in the fields of art, culture, and food tastings; television programming in the fields of real estate, art, culture, and food
  • WE LEND MORE THAN THE BANK – Credit and loan services; factoring agency services; accounts receivable financing
  • Trademark image– Amusement products, namely inflatable balls; Exercise equipment, namely, inflatable balls
  • Trademark image– Amusement products, namely inflatable balls; Exercise equipment, namely, inflatable balls
  • COACHING ROADMAP – Business consulting in the field of performance measurement and business intelligence; Business consulting services relating to leadership development; business information in the field of business management and leadership development
  • Trademark image– Manually operated knife sharpeners
  • ORANGE PETAL – Manually operated knife sharpeners
  • BEHEARD – Scientific competition and challenge in the field of rare diseases
  • NETPURE – Computer hardware and software for user-configured filtering of data, video, audio, and data packets originating from the internet and online network traffic; Computer hardware for protecting children by filtering age restricted harmful content from the internet and online network traffic; computer software for protecting children by filtering age restricted harmful content from the internet and online network traffic
  • THE WAYBETTER WAY – Entertainment services, namely, arranging and conducting on-line competitions and contests in the field of health, fitness, weight loss, social dieting, nutrition, exercise, lifestyle changes, skills acquisition, motivation, increasing of willpower, performance enhancement, and self-improvement; Contests and incentive award programs to encourage individuals, employees, and organization members to set and achieve goals in health, fitness, weight loss, nutrition, exercise, lifestyle changes, skills acquisition, motivation, increasing of willpower, performance enhancement, and self-improvement
  • CREATE A CAP – Plastic insert for use in ball caps to convert ball caps into bump caps in the nature of protective helmets for industrial safety
  • Trademark image– Bumper stickers

Beware of scam from ‘IP Save’ targeting trademark owners

Posted by ipelton on: October 12th, 2016

Yes another new trademark scam was brought to my attention this week. This one comes from something called “IP Save” with an address in the Czech Republic. It may be so new that it doesn’t appear yet on the USPTO’s page warning of Non-USPTO Solicitations.

The front of the offering doesn’t even say what services the cost more than $1,900 provides the customer. See  below

Whatever it is, it is dubious, worthless, and a scam.

Again I must ask, when will the USPTO, FTC, Department of Justice, SBA, U.S. Postal Service and other government organizations make a real effort to crack down on these scams and protect consumers and trademark owners?

When will the Trademark Public Advisory Committee investigate these matters further?

ip-save-ltwyl-001_redacted

Here are the recent USPTO filing statistics through September 30, 2016, the end of FY2016:

New trademark application filings at the USPTO:

  • 3rd Quarter of 2016: 94,627 new applications filed
  • First three quarters of 2016: 292,923 applications filed
  • FY2016 (October 1, 2015 through September 30, 2016): 384,518 applications filed

Filings for FY2016 were therefore up more than 6 percent over the prior FY2015. This is a large increase, although not as large as last year’s increase.

  • FY2015: 362,576 applications filed
  • FY2014: 330,760 applications filed
  • 3rd Quarter of 2015: 91,441 new applications filed
  • 3rd Quarter of 2014: 83,001 new applications filed
  • 3rd quarter of 2013: 82,473 applications filed

Note: All data retrieved via TESS search on USPTO.gov on October 6, 2016.

Tips when sending trademark ‘cease and desist’ letters

Posted by ipelton on: October 7th, 2016
When your trademark has been infringed, often the first step to seek a resolution is to send a “cease and desist letter.” A cease and desist letter generally notifies the other party of the infringement concerns and demands they stop infringing the trademark.

That said, cease and desist letters can come in a lot of different shapes and sizes. Before sending a cease and desist demand letter, one should consider:

  • is this a real infringement concern?
  • what will be the options if the letter is ignored?
  • what will happen if the letter is made public?
  • could there be a ‘Streisand Effect‘?
  • is a letter the appropriate action (vs. a phone call, filing suit, or something else)?
  • should the letter be strong or gentle?
  • should the letter be sent via email, mail, certified mail, or overnight delivery?
  • is there counsel to address the letter to?
  • are you prepared that the receiving party could file for declaratory judgment of non-infringement?
And, the most important consideration before sending a cease and desist letter:
  • are you sure that the party you are writing to does not have priority and cannot respond by asserting a claim against you?

Each situation is unique, of course. That is why the advice of experienced counsel if strongly recommended and tremendously valuable.

What to do when you receive a trademark infringement letter

Posted by ipelton on: October 4th, 2016

In this brief video, I discuss some of the initial considerations for small business recipients of trademark infringement ‘cease and desist’ letters.

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