January 2019

Bold brands are better than bland brands. (Try saying that 5 times fast!)

Bold brands stand out from their competition, and leave and impression with consumers. They are easier for consumers to find. They are generally easier to protect with the USPTO and to enforce when others infringe them. I recently wrote about The Bold Brand Building Funnel™ and the benefits of a bold brand name

If you'd like to see examples of bold brands, follow me on Twitter @tm4smallbiz where I frequently share examples of bold brand that surround us, as well as other trademark tips and news.

And if you'd like to discuss whether your brand is bold enough, send me a message.

One of the most valuable aspects of 
trademark protection: It can last forever

Trademarks are some of the most valuable assets of successful businesses - in part because trademark rights never expire like patents and copyrights do.  If a trademark is still in use, its rights and protections can last forever, and registration of the trademark registration can be renewed in perpetuity.

How long does the USPTO trademark
application process take?

Some applications may take a few months while others years. What are the factors that affect this process?

Supreme Court to Hear Trademark Case

This spring, the Supreme Court will hear a case regarding whether an applicant's "FUCT" trademark should be permitted registration at the USPTO in connection with clothing. The broad issue is whether the trademark law's regulation that prohibits registration of 'immoral' or 'scandalous'  trademark marks violates the First Amendment restrictions on free speech. The hearing will no doubt be a colorful one!

However, this case will not affect the vast majority of brands and trademark owners. While using curse words is certainly bold (see above), it could also significantly limit the potential audience for a brands goods or services.

We recently posted the 120th monthly update of USPTO registrations received by clients - a full ten years! See: Recent client trademark registrations, Vol. 120.

Last week, our firm participated in two hearings before the USPTO's Trademark Trial and Appeal Board (TTAB)

Several of our client's have been offering assistance to furloughed government employees, including Lefty O'Doul's in San Francisco:  Lefty O'Doul's In San Francisco Is Feeding Furloughed Federal Workers!. We are proud to work with so many great small businesses that are critical to their local economies and communities.

If there are any topics or issues you would like to see covered here, let us know!

This publication has been prepared for the general information of clients and friends of the firm. It is not intended to provide legal advice with respect to any specific matter. Under rules applicable to the professional conduct of attorneys in various jurisdictions, it may be considered advertising material.

© 2019 Erik M. Pelton & Associates, PLLC.