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Recent Client Trademark Registrations LXXXI

Posted by ipelton on: August 20th, 2015

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 –  Retail store services featuring bicycles, apparel, and bicycle parts and accessories
  • Trademark image –  advertising, marketing, promotion and public relations services; social media marketing and management services; search engine optimization services; rental of advertising space; street dissemination of advertising materials; marketing in the field of college campuses
  • BIGGER MARKETS –  advertising, marketing, promotion and public relations services; social media marketing and management services; search engine optimization services; rental of advertising space; street dissemination of advertising materials; marketing in the field of college campuses
  • FRANKLIN PARK – private investments in domestic and international businesses, namely, owning and operating infrastructure businesses
  • Trademark image – Restaurant services
  • Trademark image – Uninterruptible power supplies, namely, devices that provide a continuous feed of voltage regulated power and protection from power fluctuations and outages; and power distribution equipment, namely, devices that provide additional power receptacles and protection from power fluctuations for servers, computers, telephony equipment, desktops and other network equipment
  • UNITED REALTY, INC. – Real estate agencies; Real estate brokerage
  • OULMAS – Non-medicated skin care preparations
  • Trademark image – providing a website for business featuring technology allowing users to create online storefronts, automate customer ordering, sales tools, payment, inventory management, and manage relationships with customers and suppliers
  • MEET MODOLVA. WHO KNEW? – Promotion of wines and wine-making from Moldova; direct importing services, namely, importing of wine; distributorship services in the field of importing of wine; online retail store services featuring wine
  • Trademark image – Non-medicated skin care preparations
  • TRANSITION READY – Metal source separation and customized containers for solid waste and recycling collection/sortation; waste receptacles, recycling receptacles and storage boxes made of metal, aluminum and brass
  • Trademark image –  Jewelry
  • FORTRESSITX – Colocation services, namely, providing storage of networking equipment for others; Information technology services, namely, remote management of the information technology systems of others; Information technology consulting services; cloud hosting services; IT support services namely, help desk services; desktop support services namely, remote desktop management and monitoring services; email hosting, management services, namely, hosting and managing web sites for others

How to use your trademark on your book

Posted by ipelton on: August 17th, 2015

A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. See TMEP §1202.08.

But that doesn’t mean that an author cannot use a or phrase that he or she have registered as a trademark for other services to also serve as the title of a book they wrote. It just means that technically the use as the title is not protected to stop other book titles.

But having a trademark associated with the book title is useful when possible, because it will help you control the relevant domain name(s) and social media profiles. And it will be in the public records at the USPTO. And it will mean that others are less likely to use the name as their book title (even though they might technically be able to under the law) if they will have trouble promoting it because of your use and registration of the name for other services (such as a blog, information website, seminars, consulting, etc).

In addition, if you write a book and the title is separate from the trademark used to identify your services as a professional or expert in a field, you can still use and promote your trademark on the book. See for example these uses on the backs of two book to promote the authors’ brands, Mr. Media Training® and LawBiz®:

IMG_7432

IMG_7431

Disclosure: Ed Poll is friend, Brad Phillips is a friend and a client!

I can’t think of another brand with more than two iconic trademarks. Coca-cola has three!

  • The bottle shape
  • The cursive Coca-Cola script
  • The ribbon that goes under the script and now stands alone on some bottling.

A recent Wired article notes that Coca-Cola’s Beautiful New Logo Is No Logo at All. And they are right. A simple swirling ribbon stripe is all that a can of soda needs to tell you who made it.

Image from WIRED at http://www.wired.com/2015/07/coca-colas-beautiful-new-logo-no-logo/

In this age where  brands generally try to create louder and louder marketing, a few iconic brands have the luxury of going in the opposite direction — sleek and simple. Coke is at or near the top of that list.

The Coke ribbon is a registered trademark with the USPTO, of course (click marks for USPTO records):

  • Trademark image– registered for soft drinks
  • Mark Image– registered since 1928 for beverages
  • Trademark image– registered since 1960

If your business might wish to take advantage of the new business opportunities for US companies in Cuba, consider proper trademark protection as well. Even under the prior embargo, US companies were permitted to file trademark application in Cuba. Now that the embargo may be amended or lifted, US companies that could have business interests in Cuba need to consider trademark ramifications. This is a particular concern because Cuba is a “first-to-file” country, meaning someone could obtain rights by registering a brand name even if they have not made any commercial use of the name.

File:Flag of Cuba.svg

Addition reading:

Trademark tips for bloggers

Posted by ipelton on: August 7th, 2015

I am frequently asked questions about blogs and trademarks. Blogs are a service, even if they are not for profit and have no way of making money, and blog names can be protected by trademark law. Which means that blog names can be registered as trademarks with the USPTO. For example, this blog is called IPelton® and is a registered trademark. In the USPTO registration, the services for IPelton are described as “On-line journals, namely, blogs featuring information and observations in the fields of law, branding, and intellectual property.”

In 2014, the USPTO saw more than 3,500 applications for trademarks featuring “blog or blogs” in the description of goods and services.  Ten years earlier, that number was just 18!

Here are some trademark tips for blog owners:

  • Be creative. A creative name is more more likely to be unique and much easier to protect, generally. For example, one of my favorite blog titles is a cheese blog called, It’s Not You, It’s Brie®. Search the internet and the trademark database at USPTO.gov to make sure it is unique in your industry.  Check domain name availability and use as well.
  • Make it stand out. When using the name, put it in a different font, color, bold or italics to make it stand out. That way it helps demonstrate that the title of the blog is special and that you want to call attention to it and protect it.
  • Use proper trademark symbols. Use “SM” on the right shoulder of the title if the name is not registered. If it is registered, use the ® as frequently as possible. Showing others that you are protecting the name makes it a stronger brand and enhances the legal protections for it.
  • File to an application with the USPTO to register the trademark for name of the blog.
  • Register the corresponding .com domain name, even if you do not intend to use it. The annual cost is worthwhile insurance to prevent someone else from using the .com and causing you headaches and potential legal bills.
  • Register the corresponding social media usernames on major social media sites. Even if you never use the names, there is a value in making sure someone else cannot use them.
  • Monitor for infringement. Set up a free Google alert or use other methods to check periodically for copycats. If you learn of an infringement, consult with an attorney. If you do not make an effort to stop infringers, your rights in the name will generally be weakened.

Most blogs, like this one, are informational. But they serve several important purposes – enhancing credibility, improving search engine ranking, content creation, marketing, and demonstrating expertise – and thus have a significant value to the author. To protect the investment – of time, energy, and money – in that valuable blog asset, blog owners should strongly consider the tips above including trademark registration.