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Trademark Application filed for Terrell Owens Name
TERRELL OWENS Trademark Application Filed - Philadelphia, PA Terrell Owens has filed a trademark application to register his name TERRELL OWENS. Terrell Owens Trademark Application Details Former NFL wide receiver Terrell Owens has filed a trademark application for his name TERRELL OWENS. The TERRELL OWENS trademark application number 97617856, was filed on October 6, 2022. Owens is looking to use the mark for a variety of goods and services, including but not limited to: -Entertainment services -Sports Jerseys It's unclear what Owens' plans are for his name trademark, but it's possible that he's looking to start a clothing line or motivational speaking business. It's also possible that he just wants to make sure that no one else can use his name without permission. Owens was one of the most successful wide receivers in NFL history, playing for the San Francisco 49ers, Philadelphia Eagles, Dallas Cowboys, [...]
International Trademark Applications and the Madrid Protocol
International Trademark Applications and the Madrid Protocol International Trademark Applications : The Madrid Protocol is an international trademark registration system set up by treaties with many foreign nations. The United States is a member of the Madrid Protocol. As such, U.S. trademark applicants can access the Madrid Protocol system to extend its trademark rights in over 100 jurisdictions including Canada, China, India, and the European Union. A U.S. trademark holder can use the Madrid Protocol to manage and extend trademark rights worldwide – in a single language – often without the burden of hiring trademark counsel in each foreign country. Another benefit is filing date priority. Under various treaties, a U.S. trademark applicant can extend its United States filing date to other countries. Many foreign jurisdictions will treat the foreign trademark application as filed on the US filing date – so long as the [...]
What is a Joint Work in Copyright?
Joint Work In Copyright / Joint Authorship A brief discussion identifying the concept of a Joint Work under US Copyright Law What is a joint work in copyright law? The Copyright Act defines a joint work as a work “prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” 17 U.S.C. § 101. The contributors to a joint work are considered Joint Authors. Broken down, that is: A work: A work of authorship (content) Prepared by two or more authors: (authors contribute content) With the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. What is a "work of authorship" in copyright? Per the US Copyright Act, works of authorship include the following categories: (1) literary works; (2) musical [...]
About Podcast Names and Trademark Law – Trademark a Podcast
About Podcast Names and Trademark Law Trademark a Podcast Brand This is a presentation provided to educate podcast producers about trademark law as it relates to the podcast industry. Trademark a Podcast Brand. Facts: How Many Podcast Trademarks Are Registered in the United States? At the time of writing this article, there are over 42,000 records at the US Trademark Office that list "podcast" in the identification. Almost 18,000 are registered trademarks listing podcasts. Over 15,000 are live podcast trademark registrations. Basics: What is a Podcast Trademark? A trademark is a source identifier. That is something ... a word, name, phrase, symbol, even a sound ... that functions to identify a particular source of goods or services. A podcast trademark is a name, phrase, or logo that is use uniformly to identify [...]
The Section 2(f) Trademark or Principal Section 2(f) Trademark Register
What is the Section 2(f) or Principal 2(f) Register for Trademarks? Section 2(f) Trademarks are not registrable without providing proof of widespread recognition or long and continuous use. The Principal Register Section 2(f) Register is a trademark designation managed by the trademark office for marks that are generally not protectable as trademarks, but have acquired trademark protection eligibility due to widespread public recognition as a brand and / or long and continuous use. An Example of a Section 2(f) Trademark Registration A great example is the trademark for "Philadelphia" Cream Cheese. Philadelphia - describing a city or location - can't function as a trademark because it's geographically descriptive. But, because of the famous, widespread, and long exclusive use of the name, it attained acquired distinctiveness by the public as a particular source of goods, and is therefore protectable on the Principal Register under Section [...]
Surname Refusal Test: Is my name “Primarily Merely a Surname?”
What does "primarily merely a surname" mean? Many people believe that they have the right to use their last name as part of their business' name. Why wouldn’t you have exclusive rights to your name? You are likely here because you want to incorporate your name into your trademark. So, can you trademark your name? The answer is, it depends. Trademark law is a complicated area, with many exceptions and factors to balance. By law, the UPTO may refuse a trademark that is “primarily merely a surname.” In other words, generally, a person cannot trademark their last name. The trademark office action refers to this rejection as a "Surname Refusal". First, let's start with the general rule. Under §2(e)(4) of the Trademark Act, a mark that is “primarily merely a surname” is not registrable on the Principal Register without showing a distinctiveness under §2(f) of the Trademark Act. [...]
Philadelphia Flower Show is a Trademark
The Philadelphia Flower Show is a trademark and an annual event. The Pennsylvania Horticultural Society (PHS) hosts the event. Typically, it is held at the Pennsylvania Convention Center in early March. Incredibly, it is the "largest indoor flower show in the world." In fact, it attracts 250,000 visitors annually. Each year there is a theme that inspires most of the exhibits. Additionally, Judges come to view and judge the submitted exhibits in many different categories. Another popular part of the show floor is the Garden marketplace. This is where visitors can buy plants and seeds. Visitors also can cut flowers and craft items. The Historical Philadelphia Flower Show The Pennsylvania Horticultural Society's founding year was 1827. Later, it hosted the nation's first flower show in Philadelphia in 1829. The first show displayed many exotic and native plants. Today, the proceeds from the Flower Show support [...]
PHILLY HOME + GARDEN SHOW Trademark Application Granted
One of many Philadelphia traditions includes the Philly Home + Garden Show. The 2022 Show is from February 25-27. Additionally, the Show is at The Greater Philadelphia Expo Center at Oaks. Tickets are available at the door or online. It is important to note, that this is different than the Philadelphia Flower Show. The Show has great historical significance. It is the nation's largest and longest-running horticultural event. It is traditionally held at the Philadelphia Convention Center. The Philly Home + Garden Show is also different from the Philly Home Show. This year, The Philly Home Show is being held March 18-20 and March 25-27. Similar use of words impacts a trademark application. There are certain phrases that require a disclaimer to the exclusive right to use such words. What is the Philly Home + Garden Show? Are you an active DIYer? Do you love [...]
ALDI Savoritz Brand Trademark
ALDI, Inc. Savoritz Brand Trademark Price Comparison Savoritz is the Aldi brand trademark version of Cheez-its. Aldi being a discounted grocery store, the Savoritz baked cheese crackers are almost half the price of the name brand Cheez-it. The family size box of Savoritz is $2.89, whereas the family size of Cheez-its is $5.19 from instacart. The cost Savoirtz is more than three times less. Taste Comparison There is some similarity in the packaging, and a lot in the taste. The flavor of Savoritz baked cheese crackers is almost identical to the popular cheese crackers made by Kellogg North American Company’s Cheez-it. One reviewer claims that Savoritz are a "perfect replica of the national brand." Same saltiness and cheesiness in a small crunchy cracker. In addition, the nutrition facts of Savoritz are very similar to that of Cheez-its. The same calories and almost the exact same [...]
Choosing a Business Name
Choosing a Business Name Choosing a business name may seem daunting if you don’t know where to start. A simple Internet search will show you the abundance of tools and resources available for entrepreneurs including free business name generators, articles and tips. Although it is great to have all of this information at our fingertips, it can be very overwhelming at first. Your business name is your brand identity, and it sets you apart from competitors, so it is understandable to feel pressure when choosing a business name. In this initial brainstorming phase, it is important to stay organized and consider your options. At EsquireTrademarks.com, we consider two different perspectives when choosing a business name; the stylistic approach, and legal considerations as it relates to trademark use. The Stylistic Approach Our Stylistic approach streamlines the creative process in which you determine a memorable name [...]