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RISE AND SHINE Trademark Application
Kylie Jenner, Inc. files a trademark application to register RISE AND SHINE. Recent footage of Kylie Jenner singing the phrase “Rise and Shine” to her daughter went viral in October 2019. Since the video was leaked, “Rise and Shine” has been used in countless memes on social media and has even appeared on apparel and accessories around the world. Now, the 22-year old billionaire is trying to trademark RISE AND SHINE for Cosmetic use. RISE AND SHINE Trademark Application A Trademark Application was filed on October 17, 2019, by Kylie Jenner, Inc. However, the RISE AND SHINE trademark application quickly became a controversial topic on social media and in the world of Trademark Law. Kylie Jenner, Inc. has already received some push back from Cathy Beggan, a businesswoman and single mother from New Jersey. Beggan has spent years developing a nutritional supplement and cosmetic company under [...]
What is an Incontestable Trademark Registration?
What is an Incontestable Trademark Registration? A registered trademark is eligible to receive incontestable status after the first 5 years of its registration under Section 15 of the Lanham Act (15 U.S.C. Sect. 1065). • Incontestable trademark status denies others from challenging your trademark. A Combined Section 8 and 15 Declaration is required for applying for incontestable trademark status. Although the Section 15 Declaration is not mandatory, it is strongly recommended. Continue reading to learn more about the added benefits and requirements of filing the Section 15 Declaration. The Benefits of Filing for Incontestable Trademark Registration An incontestable trademark denies adverse litigants the ability to challenge your trademark registration. Previously stated, an incontestable trademark denies adverse litigants the ability to challenge your trademark registration. For example, even a prior unregistered user of the trademark is blocked from canceling your trademark registration when it is deemed [...]
Popular Halloween Candy Trademarks
Popular Halloween Candy Trademarks Celebrate Halloween with Esquiretrademarks.com by honoring popular Halloween Brands! These are some of the most popular Halloween candy trademarks associated with Halloween candies. Some of your favorite candies surrounding the holiday have registered trademarks with the USPTO. Brach’s® Candy Corn BRACH’S - Few candies have as strong ties to Halloween as Brach’s® Candy Corn. Love them or hate them, these will be seen in many homes with the holiday coming up. Brach’s® has been a registered trademark with the USPTO since 1949. Since then, Brach’s® has restylized their logos to look more modern. Hershey’s® HERSHEY’S - The Hershey Company is well known as one of the biggest chocolate companies in the world. They have held a trademark for Hershey’s® since 1925, when they registered a trademark for commercial use [...]
Trademark Office Scams – Beware!
Beware of Trademark Office Scams As a trademark applicant and/or registrant, you should expect to receive multiple trademark office scams. Trademark office scams are often disguised as official notices from the United States Patent and Trademark Office (USPTO) requesting payment of fees and/or threatening trademark cancellation. Expect to Receive Fake Trademark Notices Requesting Payment and Throw Them Away DO NOT RESPOND TO THESE NOTICES. The USPTO will send all official letters and emails to your attorney of record. If you are a client of Attorney Charles Riddle, all official correspondence will come from Attorney Charles Riddle via Riddle Patent Law, LLC or EsquireTrademarks.com. All Official Notices Will Come From Your Trademark Attorney Charles Riddle via Riddle Patent Law, LLC or EsquireTrademarks.com A simple rule about trademark scams: If it’s not from your Attorney of Record, it’s a scam. For my clients: If it’s [...]
Maintain Your Trademark Registration – An Overview of Important Filings
Maintain Your Trademark Registration - A Timeline of Important Filings Congratulations! Your trademark is officially registered with the United States Patent and Trademark Office. At this point in time, you have received the Certificate of Registration from the USPTO, but what happens next? In this article we are discussing the steps you should be taking in order to maintain your trademark registration. As a trademark owner, you experience certain rights and benefits with a trademark registration. However, it is up to you, the trademark owner, to maintain your registered mark and enjoy such benefits. In order to maintain your trademark registration, you must file various declarations in the upcoming years. Important Dates to Remember to Maintain Your Trademark Registration: The date of your trademark registration (listed on your Certificate of Registration). The 5th and 6th years after the registration date. The 9th and 10th years [...]
PHILLY’S OLDEST BAR Trademark Registration
PHILLY'S OLDEST BAR Trademark Registration The City of Philadelphia is home to many historically significant landmarks such as the Liberty Bell, the Declaration of Independence, and Love Park. Among the nationally recognized pieces of history is McGillin’s Olde Ale House, now officially registered with the USPTO as PHILLY'S OLDEST BAR. Philadelphia Trademark Attorney and Founder of Esquiretrademarks.com, Charles Riddle, successfully secured the registration on behalf of McGillin's Olde Ale House. About the PHILLY’S OLDEST BAR Trademark Registration Exclusive rights to the trademark were granted to McGillin’s Olde Ale House on July 2, 2019. This mark gives exclusive claim as a “restaurant and bar service” for McGillin’s. This will allow them to openly advertise their longevity to customers and continue to stay open for the foreseeable future. About McGillin's Olde Ale House McGillin’s Olde Ale House in Philadelphia has been operating since [...]
Trademark Renewal – Combined Section 8 & 9
Trademark Renewal - Combined Section 8 & 9 Filings As a trademark owner, it is important to consider the maintenance and renewal of trademark registrations. At this point in time, your trademark has been registered for a few years now. Between the fifth and sixth years after registration, you promptly filed the Combined Section 8 & 15 forms to declare your registration incontestable. However, as the time frame between the 9th and 10th year of your registration approaches, it is time to apply for trademark renewal. Otherwise, your trademark registration will automatically expire after 10 years. In order to maintain ownership of your trademark registration and reap the benefits associated with a registered trademark, you must file Combined Section 8 and 9 Application for Renewal of Trademark Registration. What is a Combined Section 8 & 9 Application for Renewal of Trademark Registration? As stated [...]
Foreign Trademark Applicants and Registrants Required to Appoint U.S. Licensed Trademark Attorney
A U.S. Licensed Attorney Is Now Required for Foreign Trademark Applicants and Registration Owners. Effective August 3, 2019, online TEAS forms will comply with a new rule requiring applicants to obtain representation by a U.S. Licensed Trademark Attorney. This new rule is a direct result of the increasing number of inaccurate and possibly fraudulent trademark submissions. The rule will increase customer compliance and USPTO regulations, improve the accuracy of trademark submissions, and safeguard the integrity of the U.S. trademark register. Continue reading to find out who is affected, how to prepare, and for more information about why this rule is being put into place. For even more information about the new rule, visit the USPTO articles here or here. To Request Trademark Representation, Please Complete this Licensed Trademark Attorney Contact Form or Contact Us. Attorney Charles L. Riddle is a U.S. licensed patent attorney with 20 years of experience practicing trademark law and intellectual property law. If [...]
Philadelphia Trademark Attorney Charles Riddle Speaks at Delaware County Community College
Philadelphia Trademark Attorney Charles Riddle Speaks at Delaware County Community College Panel Discussion The Intersection of Art and Law in the Digital Age On April 30, 2019, Attorney Charles Riddle spoke as a panelist at Delaware County Community College (DCCC) on the topic entitled: The Intersection of Art and Law in the Digital Age. Attorney Riddle shared his experiences and industry insights to DCCC paralegal students and art students. Attorney Riddle's discussion included topics surrounding intellectual property, copyright, copyright ownership for graphic designers, and using the DMCA to enforce copyright on the internet. "I am very grateful for this educational opportunity," says Attorney Riddle. "It was a pleasure speaking with the students of DCCC about the legal framework surrounding artistic works. I have spent almost 20 years studying and practicing law, and it is very refreshing to speak with young professionals who share [...]
Using the DMCA to Enforce Copyright on the Internet – EsquireTrademarks.com
Digital Millennium Copyright Act (DMCA) - A Quick Breakdown. The DMCA absolves internet service providers (ISP's) from liability for copyright infringement if the ISP's follow specific Notice and Takedown Rules outlined in the Statute. Naturally, anyone hosting content on the web follows the DMCA Notice and Takedown Rules to be free of liability. Copyright Registration Is Not Required to Issue a DMCA Takedown. The content subject to the DMCA takedown must be copyright subject matter (not trademark or other IP) and you must be the author / owner. A Proper Takedown Notice Must be Filed. Most ISP's have created their own forms to complete. A DMCA Takedown Notice Should: include your signature or the signature of a person authorized to act on your behalf (your “agent”) (the signature can be either physical or electronic); identify the copyrighted work that is being infringed; identify the activity that is [...]