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Last month, Apple received three sound mark registrations from the USPTO for sounds made by Siri.

U.S. Trademark Registration No. 4689365 is for “a synthesized bell tone playing a C#5 sixteenth note, followed by another C#5 sixteenth note” for use with computer hardware good in Class 9.

U.S. Trademark Registration No. 4689044 is for the same sound, “a synthesized bell tone playing a C#5 sixteenth note, followed by another C#5 sixteenth note,” but for use with computer services. I believe this is the sound Siri makes when activated or turned on.

U.S. Trademark Registration No. 4689043 is for “a synthesized bell tone playing a G#5 sixteenth note, followed by another G#5 sixteenth note.” I believe this is the sound makes at the end of a receiving voice request.

For more on the Siri sounds, see “The iPhone’s UI Sounds” from Beyond the Beep.

Apple also owns a registration for the sound of “a synthesizer playing a slightly flat, by approximately 30 cents, G flat/F sharp major chord” in Registration No. 4257783. That is the sound made when an Apple computer is turned on.

Other nontraditional Apple trademarks include the design of an Apple Store, charger icon, the shape of the iPhone, the shape of the iMac, the shape of a mouse, and more.

KEEP CALM AND TALK TO SIRI Poster

image from KeepCalmAndPosters.com

Timeline for trademark creation, protection and launch

Posted by ipelton on: March 25th, 2015

Of course, every new brand name has unique circumstances and timing issues. And there are a plethora of factors that can disrupt this timeline. But here is a rough ideal timeline for protecting and launching a new brand name.

  1. Search potential names for clearance, and settle on one available name.
  2. As soon as possible after Step 1, apply to register the name at the USPTO based on an intent to use the name.
  3. Application will be reviewed by USPTO approximately 4 months after filing in Step 2.
  4. Receive preliminary approval at USPTO, hopefully, four to six months after filing in Step 2.
  5. The trademark application is published in public record (the “Official Gazette”) by the USPTO approximately two months after Step 4.
  6. During the 30 day publication period, hopefully no one files an objection (“Notice of Opposition”) or an extension of time to oppose.
  7. Approximately one month after the end of the publication period, two months after Step 5, the USPTO issues a “Notice of Allowance.”
  8. Begin using the trademark in commerce anytime after the publication period in Step 6.
  9. Submit evidence of using the trademark in commerce to the USPTO and complete the registration process.
  10. 10. Receive a registration certificate approximately two months after submitting evidence of use in Step 9.

The entire registration process, for an ‘intent to use’ application, therefore takes approximately one year or longer.  If there are any delays such as a substantive refusal by the USPTO, and extension of time to oppose filed, or more than a few weeks between the Notice of Allowance and filing the State of Use, the process will take longer. If the application is completely “smooth sailing” and all filings (Statement of Use, etc) are made with days of their eligibility, it is possible to receive the registration in less than 10 months, as I did for THE NONTRADITIONAL TRADEMARK LAWYERS.

Below is the timeline from the USPTO database from on a recent registration received by a client (Registration No. 4705197), with the oldest event (filing) at the bottom:

Date Description
Mar. 17, 2015 REGISTERED-PRINCIPAL REGISTER
Feb. 13, 2015 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
Feb. 12, 2015 ALLOWED PRINCIPAL REGISTER – SOU ACCEPTED
Jan. 22, 2015 STATEMENT OF USE PROCESSING COMPLETE
Nov. 07, 2014 USE AMENDMENT FILED
Jan. 15, 2015 CASE ASSIGNED TO INTENT TO USE PARALEGAL
Nov. 07, 2014 PAPER RECEIVED
Oct. 28, 2014 NOA E-MAILED – SOU REQUIRED FROM APPLICANT
Sep. 02, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Sep. 02, 2014 PUBLISHED FOR OPPOSITION
Aug. 13, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
Jul. 26, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED
Jul. 26, 2014 ASSIGNED TO LIE
Jul. 15, 2014 APPROVED FOR PUB – PRINCIPAL REGISTER
Jul. 02, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED
Jul. 02, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE
Jul. 02, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Jun. 15, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED
Jun. 15, 2014 NON-FINAL ACTION E-MAILED
Jun. 15, 2014 NON-FINAL ACTION WRITTEN
Jun. 12, 2014 ASSIGNED TO EXAMINER
Mar. 22, 2014 NOTICE OF PSEUDO MARK E-MAILED
Mar. 21, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Mar. 12, 2014 NEW APPLICATION ENTERED IN TRAM

EMPA Logo

Recent Client Trademark Registrations LXXVI

Posted by ipelton on: March 24th, 2015

Here 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]08

  • COLLABORATING AGENTS DELIVER THE INSIDE EDGE – Membership club services, namely, providing information, pocket listings of homes, home pricing opinions, service provider recommendations concerning real estate appraisal agents and other real estate services, motivated buyer needs and other local real estate market intelligence to members, in the fields of real estate, mortgages via the internet
  • TAX DEFENDER – accounting services by a CPA and tax preparation services featuring annual memberships
  • Trademark image – Backpacks; travel bags
  • FLAWLESS ELITE – anti-aging skin care cream
  • DIAMOND LUXE –  anti-aging skin care cream
  • PRONTOPASS -Test preparation products and publications, namely study guides and index cards for use in test preparation
  • COMPLETE HEALTH URGENT CARE – Heathcare; Urgent medical care services; Medical services, namely, immediate care medical service
  • COVER STITCHED – Women’s clothing, namely, blouses tops dresses, pants and sweaters
  • Trademark image - Shirts
  • ORANGE CLEANERS – Dry Cleaning
  • AVE MARIA – Beer
  • HAWKEYE ANALYTICS – Business services, namely, customized management consultation services featuring analyzing reports of data for others pertaining to managing portfolios and asset manager performance; local absorption rate analysis and verification for others featuring alternative sales recommendations in the field of real estate owned properties
  • HEART LAND CREDIT RESTORATION –  consumer credit consultation services, namely, providing assistance to consumers for the removal of inaccurate items appearing on consumers’ personal credit reports from three major credit bureaus, direct validation of consumers’ personal credit reports with creditors reporting to these bureaus, and establishing new credit for consumers

Your products or services need not be flashy to have a catchy slogan. As I have written in the past, even manure companies and garbage services have trademarks. Industrial packaging companies can have great slogans. Every single service or product variety can have a brand. Electrical supply companies have brands.

IMG_5933

Earlier This week I saw the truck in the photo from Atlantic Electric Supply on the road. The name might be unexciting, but the slogan is terrific: Grounded in tradition. Connected to the future. It is witty, unique, and memorable! And it tells you something about their business — they have been around, but can keep up with recent technological changes.

If only they had been wise enough to protect the slogan better by applying to register it with the USPTO….

 

 

 

There many fun team names in the field for the 2015 NCAA Men’s Basketball tournament. Below are my favorites, with links (click images or marks) to their USPTO trademark records.

Note how many have not properly protected their trademarks, which is shocking given the amount of money involved in televising tournament, the apparel and other promotional merchandise sold by every team, and that these are institutions of higher education. 

  • University at Albany Great Danes
  • Manhattan Jaspers
  • Coastal Carolina University Chanticleers
  • North Florida Ospreys
  • Lafayette Leopards
  • UC Irvine Anteaters (this trademark application was wisely filed last March)
  • Harvard Crimson (their only trademark registration is for GOCRIMSON.COM)
  • Dayton Flyers
  • Xavier Musketeers (registration for MUSKETEER CLUB booster club)
  • Utah Utes
  • Iowa State Cyclones
  • Valparaiso Crusaders
  • New Mexico State Aggies

Truth told, there are an abundance of wonderful names I didn’t list — like Terrapins, Buckeyes, Hoyas, Friars, Axtecs, Sooners, Boilermakers and more.

My favorite logos in the field this year are:

  • New Mexico St. Aggies
  • Eastern Washington Eagles
  • UAB Blazers
  •  Dayton Flyers
  • San Diego State Aztecs

Here are some of the overall NCAA trademarks related to basketball (click for USPTO information):

See also: Best Mascots: NCAA Edition