Trademark Guide to the 2016 World Series

Posted by ipelton on: October 26th, 2016

Last night, the 2016 World Series® kicked off between the Chicago Cubs and the Cleveland Indians. Whoever wins the best of seven game series, a long title drought will be completed. The Cubs haven’t won since 1908, and the Indians haven’t won since 1948.

Here are is your trademark guide to the World Series® [click names and logos for USPTO registration records]

Chicago Cubs

  • Trademark image
  • Mark Image
  • MR. CUB
  • WHERE FOWLER LEAD WE WILL FOLLOW. JOE MADDON – 2016 – Pending application by Albet Kollar for Imprinting messages on T-shirts
  • THE BILLY GOAT CURSE – pending application for restaurant services
  • CUBAN MISSILE – registered to closer Aroldis Chapman for apparel
  • ANY TEAM CAN HAVE A BAD CENTURY – registered to The Walken Company for apparel
  • Note: the Cubs file more oppositions (and extensions of time) at the trademark office than almost any other entity. See TTAB records here.

Cleveland Indians

Some general Major League Baseball marks:

sofTMware® is a free tool provided by Erik M Pelton & Associates for tracking and monitoring the status of USPTO trademark applications and registrations. It was built from scratch and uses the electronic data published by the USPTO. The tool emails users daily reports notifying them of any changes in the statuses they are tracking. Office actions, responses, registrations, publication, extensions of time to oppose, notices of opposition, and more are all potential statuses included in the update. The daily update contains an easy and quick link to jump directly to the USPTO records for each record which shows an update. The sofTMware tool can be used to monitor a single application or registration – or hundreds of them. It can be used with your own records, or those owned by others. I often use it to track trademark applications that look interesting, or to trademark records that could affect the records of our clients (for example, a third-party application that caused suspension of a client’s application).

Using a cloud-based secure website and password protected accounts at, the sofTMware tool allows users to:

  • Follow multiple U.S. trademark applications and registrations in one place
  • Create custom categories to organize the applications and registrations being tracked
  • View all recent status updates
  • Link directly to multiple USPTO pages for each record (TARR, TDR, TTAB, Assignments)
  • View logo images
  • Sort records
  • Import multiple application serial numbers at once
  • Receive daily reports about status changes by email

For example, here is the beginning of an email update (the records here represent nothing other than that I found them interesting):

2012-12-18 SOFTMWARE email p1_001

A recent trademark decision at the Federal Circuit Court of Appeals (CAFC) denied registration to an application that was filed in 2001. See TTABlog® summary here. The application, appeal to the TTAB, and appeal to the CAFC took more than 15 years!

That got me wondering how many trademark applications are still pending with filing dates from last century – I mean, last millennium? The answer is 54, I think. Based on the following TESS search of the USPTO database: (19??????)[FD] and (live)[LD] and (0)[rn] not (89??????)[sn] there are 54 results. See below. Some of these are in litigation/disputes (for example, an application for HANAVA CLUB is the subject of a well-known longstanding disputes, as is one for the WASHINGTON REDSKINS) . Some are held up due to possible conflicts with other trademarks applications in disputes. It is safe to say, that since they are pending more than 15 years, they all have interesting and complex histories.

Based on the serial numbers assigned to the applications, it appears that the oldest pending application in the USPTO records was filed on Mark 24, 1988, for the VAVAIO PANCALDI logo below. The application was suspended in March of 1989 due to a dispute filed with the owner of a registration for PANCALDI & Design. That dispute appears to have been ongoing ever since. See full details from TSDR here and TTABvue here.

Mark Image

Tip: experienced counsel, trademark docketing software, and knowledge of the USPTO trademark application process are very valuable when filing any trademark application — because you never know how long that application may last!

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?