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Posts Tagged ‘trademark registration’

Nontraditional trademarks: Holograms

Posted by ipelton on: March 3rd, 2014

Did you know that holograms can function as trademarks?

Anything that indicates the source of goods or services is capable of being a trademark. Like the hologram at the bottom right corner of this hockey trading card from Upper Deck.

I found the following hologram marks among those registered with the USPTO [click images for USPTO records]:

  •  Mark Image - computer network services, namely, authentication services using holographic overlays, holograms and three dimensional (3-D) markings for electronic documents, e-mail, webpages and websites [Description: The mark consists of gray and silver numbers "0" and "1" to form a geometric rectangular shape with gray and silver letters "A U T H", the overall mark impression is a holographic hologram. The color white represents the background.]
  • Trademark image- Trading cards [Description: The mark consists of a hologram in a miscellaneous shape comprising the outline of a rectangle imposed on a diamond geometric shape, the design element in the party's Upper Deck logo. The content of the hologram is not claimed as a feature of the mark.]
  • Mark Image - Purses; Handbags; Backpacks; Rucksacks; School bags; Briefcases; Suitcases; Fur; Clothing for domestic pets; Umbrellas [Description: The mark consists of hexagonal or beehive main patterns with occasional six-pointed stars spread in an alternate mode. Other six-pointed small stars are placed within the occasional stars. Each nodal point of the patterns is thick-dotted. Another set of hexagonal or beehive shade patterns are spread in multi-lined hatching mode and overlapped in contract to the main patterns. The shade patterns are crossed over with the main patterns such that the main patterns also forms cubic hologram images]
  • Trademark image - Pharmaceutical prescription pads [Description: The mark consists of a shield in the form of a hologram, the wording/letters appear from left to right in green, purple, orange, yellow, blue and silver. The background of the shield is in silver.]
  • Trademark image - Charge card and credit card services [Description: The mark consists in part of a hologram image in the center of the mark.]

 

More than 10 “flappy” trademarks filed in February!

Posted by ipelton on: February 27th, 2014

As I often note, trademark applications mirror pop culture trends a lot of the time. When “Flappy Bird” created a stir last month, it led to the filing of at least 11 trademark applications for “FLAPPY” names at the USPTO.

Amazingly, it appears that all 11 applications are from 11 different owners.

Click TSDR links below for USPTO records.

Serial Number Word Mark Check Status
86192045 FLAPPY BIRD TSDR
86191013 FLAPPY BIRD TSDR
86189964 FLAPPYBIRDS TSDR
86188824 FLAPPY BIRD TSDR
86196259 FLAPPY FLYER TSDR
86189170 FLAPPY BIRD TSDR
86188557 FLAPPY BIRD TSDR
86188509 FLAPPY BIRD TSDR
86194996 FLAPPY TSDR
86194140 FLAPPY BIRDY TSDR
86184151 FLAPPY BIRD TSDR

Recent Client Trademark Registrations LXIV

Posted by ipelton on: February 19th, 2014

Here is another update of recent client registrations from the public records for readers to see real examples of brands and marks which are being protected [click trademark or logo to open USPTO records in a new window]:

  • WHITAKER WELLNESS INSTITUTE – Medical services, Retail and on-line store services featuring books, printed publications, audio and video lectures, nutritional supplements, at-home therapies
  • DR. WHITAKER – Dietary and nutritional supplements; Mineral supplements; Vitamin supplements
  • VASE PEARLFECTION – Chemical preparations, namely, pellets that expand into transparent gel beads when combined with water for use as a filler for vases
  • ZOMBIE BELLE – dolls; toy figures
  • ZOMBIE LITTLE MERMAID – dolls; toy figures
  • “THE COOLEST PLACE ON EARTH” - frozen yogurt and ice cream shop services
  • FROZEN PLANET – frozen yogurt and ice cream shop services
  • WHERE THE POWER IS – retail and online retail store services featuring motorcycles, ATVs, scooters, generators, watercraft, boats, clothing, helmets, and related parts and accessories
  • SPREDFAST – Providing temporary use of nondownloadable software and nondownloadable enterprise software for use in performing social media management, tracking and analysis; software as a services (SAAS) services, featuring software for use in performing social media management, tracking and analysis
  • Trademark image(SPREDFAST Logo) -   Providing temporary use of nondownloadable software and nondownloadable enterprise software for use in performing social media management, tracking and analysis; software as a services (SAAS) services, featuring software for use in performing social media management, tracking and analysis
  • Trademark image (SPREDFAST Seal) – Social media management services, namely, providing social media tracking and analysis for business management and marketing management purposes; business consulting in the field of social media
  • COMMUNICATION POWERHOUSE - Education and training, namely, conducting classes and seminars in the field of communications and speaking, and dissemination of course materials in connection therewith
  • TIME TO FUNDRAISE – Charitable fundraising and payment processing services, namely, credit card and debit card transaction processing services of charitable donations; charitable fundraising and payment processing services, namely, credit card and debit card transaction processing services of charitable donations via an Internet website
  • LULLA LAMB – Disposable bibs of paper
  • FORBIDDEN FRUIT -  Beer
  • Trademark image  – retail store services featuring new and used bicycles, custom bicycles, parts, and accessories; bike repair and maintenance services

Trademarks indicate the source of goods or services. They are most frequently brand names, logos, and slogans. Trademarks can be used in many ways (see my post: 50 Ways to Use Your Trademarks). I recently came across another way — in your businesses telephone recording playing to callers on hold. What a great way to communicate to your customers and potential customers about your brand. Instead of hold music, a message about an upcoming promotion, or something interesting about your business’ story, could be interesting.

The USPTO has recognized that using a slogan in a hold recording is evidence of using a trademark in commerce. I know because I recently submitted such a recording in connection with an application to register our clients’ mark. (All of this is public record, of course.)

Audio specimens are accepted by the USPTO. For example, a radio commercial could also demonstrate use of a trademark.

You can hear the “hold” recording submitted to the USPTO that demonstrates use of the WHERE THE POWER IS trademark here:

http://tsdr.uspto.gov/documentviewer?caseId=sn85905523&docId=SPE20130919141257#docIndex=8&page=1

File:Telefon VHM ubt.jpeg

 

AIPF Applies to Register Two Trademarks at the USPTO

On October 16, 2013, Erik Pelton of Erik M. Pelton & Associates, PLLC, filed U.S. trademark applications on behalf of the AIPF seeking to register “AIPF,” in standard characters as well as the AIPF logo (click links for U.S. Patent and Trademark Office records). “We are honored to be representing an association of intellectual property attorneys before the USPTO,” says Pelton, “and proud to help the association practice what it preaches with the value of protecting IP rights and the experienced guidance that specialty boutique law firms provide.” The US trademark application process generally takes about one year to complete. Erik M. Pelton & Associates, a boutique trademark firm located in the Washington, DC area, has helped clients register more than 1,800 U.S. trademarks since 1999.

For more information about the Association of Intellectual Property Firms (AIPF), see www.AIPF.com. “The Association of Intellectual Property Firms (AIPF) is an international association of independent specialty firms that devote a majority of their practice to patent, trademark and copyright law. The mission of AIPF is is to ensure that the IP boutique law firm is the preferred choice by clients, corporate in house decision makers and business owners for all IP legal matters.”