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Trademark and Copyright a Logo
Copyright Law Protects Graphics and Logos – Trademark & Copyright a Logo Graphics and logos are protectable under both Trademark and Copyright Law. Many brand owners are not aware of copyrights that exist in a graphic or logo. Often, owners believe trademark protection is enough, and forgo registering copyright in a logo. You can get additional – and better protection using copyright law. This is why you should do both: Trademark and Copyright a Logo. Why Copyright a Logo? Trademark Law is different and provides different protections. You should register copyright in a logo to get additional protections and damages under the copyright laws. Copyright automatically exists in the logo when it is created, but copyrights are not perfected until the logo is registered with the Copyright Office. A copyright registration in a logo provides the following benefits: Copyrighted logos are automatically protected and do [...]
PSU Trademark Interview
Attorney Riddle Interviewed by CBS 10 WTAJ About PSU’s Trademark Application for HAPPY VALLEY Attorney Riddle, Owner of EsquireTrademarks.com, was recently interviewed by WTAJ’s Evan Hinkley, on whether or not Penn State University will be able to trademark “Happy Valley” on shirts and hats. Penn State University is applying for a principal trademark, but will most likely be granted the “lesser” supplemental register. Attorney Riddle says, “Supplemental or not, they're gonna say: Just because the government says we're supplemental doesn't mean anything.... we still own trademark rights.” Attorney Riddle goes into more detail about this topic in his article Three Reasons Why Penn State Can’t Trademark Happy Valley. Attorney Riddle also mentions the limitations of trademarks on the supplemental register. He says, "The number one thing is that it requires more effort to prove in court that you own rights.... [...]
Three Reasons Why Penn State Can’t Trademark Happy Valley
Penn State's HAPPY VALLEY Trademark Should Be Denied The Pennsylvania State University filed Trademark Application 88216706 on December 4, 2018, to register HAPPY VALLEY for use on headwear, shirts, and sweatshirts. The United States Patent and Trademark Office (USPTO) has accepted the application, but it still needs to be examined by an attorney. Although Penn State will likely get the trademark registration for HAPPY VALLEY, I believe it will be rejected for being geographically descriptive. Penn State will overcome the rejection by amending the mark to the Supplemental Trademark Register, which carries with it very little weight in court proceedings. Below are the top 3 reasons why Penn State can’t (...shouldn’t be able to...) trademark the HAPPY VALLEY name. “Happy Valley” is a nickname for the State College borough and the townships of College, Harris, Patton, and Ferguson, in Centre [...]
What is Intent to Use (ITU) Trademark Application?
What is Intent to Use (ITU) Trademark Application? The Intent to Use (ITU) Trademark Application is an application that can be filed to reserve rights in a trademark prior to its actual use in commerce. You should consider filing an ITU Trademark application if you have already found the perfect name for your business or product, and you’re eager secure trademark rights before the official launch. The ITU application is an important part of the trademark application process. Main Points: An Intent to Use Trademark Application is filed to Reserve Rights to a Trademark, and it is filed Before the Trademark is Used on the intended Goods or Services A Statement of Use is Required in order complete the application process and obtain the trademark registration. A Statement of Use is a submission of verified proof that you are using the trademark on [...]
How to come up with a name for your business. How to name your business.
How to come up with a name for your business. How to name your business. I've helped many clients come up with a name for their business or product. When deciding how to name your business or product, the first motivation is to choose a good name. You want a catchy name - a memorable name - a name that identifies with the core message of your business. Selecting a company name or product name for trademark use involves balancing this stylistic process with laws and rules for trademarking a name. You can visit my other articles for a discussion of the Strategies to Consider when Choosing a Name for Trademark Use, Tips for Naming Your Business, and Four Key Legal Considerations When Naming Your Business. But here, I want to discuss what I call the Stylistic Approach to Selecting a Business Name or Product [...]
Top 5 Free Business Name Generators
Top 5 Business Name Generators One of the most difficult tasks of starting a business is choosing the company name. Not only do you need to come up with a creative and catchy name, you need to consider the legal formalities of naming your business, and make sure there is a corresponding domain name available to use. We’ve compiled a list of Five Free Business Name Generators that will help you choose a name that satisfies both the stylistic and legal requirements. Learn How to Come Up With a Name for Your Business 1. Shopify.com Shopify offers a free business name generator tool. Get thousands of company and domain name suggestions by entering your keyword(s) into the name generator. From here, you have the option to enter your email address and reserve your chosen name on Shopify. [...]
Popular Thanksgiving Trademarks
Popular Thanksgiving Trademarks Celebrate Thanksgiving with Esquiretrademarks.com by honoring popular Thanksgiving trademarks! Many long-standing traditions surrounding this holiday involve brands that are registered trademarks with the USPTO. Macy's Thanksgiving Day Parade® Thanksgiving 2018 takes place on Thursday, November 22. That morning, more than 50 million people will wake up and tune in to the MACY’S THANKSGIVING DAY PARADE. The streets of NYC will be lined with spectators as balloons, floats, and live performers pass by. 2018 is the 94th year of the Macy’s Thanksgiving Day parade, but the name was actually registered as a trademark on December 1, 1998. MACY’S THANKSGIVING DAY PARADE is registered for use in “entertainment services, namely organizing and conducting a parade.” BUTTERBALL® Turkey While the Macy’s Thanksgiving Day Parade is happening, you might begin prepping and cooking your BUTTERBALL [...]
BLACK FRIDAY Trademark Registration
BLACK FRIDAY has been registered as a trademark with the USPTO for use in Advertising & Marketing services. BLACK FRIDAY - Trademark Registration Details Black Friday has been registered as a trademark to be used in Advertising and Marketing services such as social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, and other forms of sharable or viral communications channels. Also, Advertising and Promotion services of the goods and services through print, audio, video, digital, and on-line medium. Find out more information about the Trademark Application timeline and process here. About Black Friday Black Friday is a term used to describe the busiest shopping day of the year in the United States, and the unofficial beginning of the Christmas shopping season. On the Friday after Thanksgiving, shoppers jumpstart their Holiday weekend with most major retailers open [...]
PHILADELPHIA Cream Cheese – Geographically Descriptive Trademark Registrable With Secondary Meaning
Example of a Geographically Descriptive Trademark That Has Gained Secondary Meaning The examples listed in What is the Trademark Supplemental Register inherently fail to identify a brand (business of origin), but rather identify a location of origin. The Trademark Act rarely grants monopolies for geographic terms. The exception is when the name acquires secondary meaning. That is, when the public readily associates the name with a brand, rather than the location. PHILADELPHIA Cream Cheese is such an example of a geographically descriptive trademark that has become distinctive through secondary meaning. In this case, the secondary meaning results from long and widespread use. The PHILADELPHIA trademark became a household name that identifies a particular source of cream cheese. PHILADELPHIA Cream Cheese Is an Example of a Geographically Descriptive Trademark That Has Gained Secondary Meaning. A great example of a Supplemental Register mark on the Principal Register is PHILADELPHIA [...]
Philadelphia Haunted House Halloween Trademarks
Philadelphia Haunted House Halloween Trademarks Philadelphia is home to a number of the most top-rated haunted halloween attractions in the country. The city's rich history provides the perfect setting for ghost tours, hayrides, and terrifying haunted houses. In the spirit of Halloween, we're highlighting Philadelphia Haunted House Halloween Trademarks. Eastern State Penitentiary - 2027 Fairmount Ave, Philadelphia, PA 19130 On October 26, 2010, Eastern State Penitentiary was registered as a trademark for use in Museums by the Eastern State Penitentiary Historic Site, Inc. The description of the mark "consists of the words "Eastern" and "State" in line above the word "Penitentiary" in a distressed font consisting of large and small capital letters." The Eastern State Penitentiary is a historic prison that hosts Terror Behind the Walls. Hollywood-quality special effects, custom props, and hundreds of live performers are strategically placed throughout the 11-acre complex [...]