News
Notice of Trademark Publication
You've Received a Notice of Publication... Congratulations! Your trademark application is scheduled to publish in the Official Gazette. This means that the Examining Attorney at the Trademark Office has carefully reviewed and approved your application under the Trademark Statute and associated Regulations. Visit the Trademark Status and Document Retrieval (TSDR) database, and enter the Trademark Application Serial Number, to preview the Notice of Publication. What Happens Next? 30-Day Publication of the Trademark Application for Opposition Other brand owners and affected third-parties have 30 days from the date of publication to oppose your trademark application. If a notice of opposition is filed, your trademark application will be suspended until the opposition proceeding is resolved. If the trademark application is not opposed within 30 days, the application will move forward to registration as a U.S. Trademark. Visit my opposition proceedings page for more information. Intent to [...]
Tips for Naming your Business
Tips for Naming Your Business - An Overview Naming a business is a complex and time-consuming process. So far, we have discussed Choosing a Company Name for Trademark Use, Legal Considerations When Naming Your Business, and The Stylistic Approach to Naming Your Business. Here is a summary of our most important tips for naming your business: Tip #1 - Understand Your Company’s Core Message & Values Understanding your company’s core message & values is a fundamental detail in choosing a unique name that will help customers identify your brand. You will build brand authenticity with a powerful name that reinforces your overall mission and values. You want to choose words or phrases that align with the goods and services that your company offers. However, be aware that explicitly defining or describing your goods and services can result in weak trademark protection. For example, defining/generic [...]
Double Doink Trademark Application
Double Doink Trademark Application 2018 brought us the “Philly Special” and "Philly Dilly". This year, Philadelphia Eagles’ fans celebrated the “Double Doink” - the failed field goal attempt by Chicago Bears kicker Cody Parkey that allowed the Eagles to continue into the playoffs. Soon after, the season ended for the Eagles after losing to the New Orleans Saints on January 13, 2019 but the “Double Doink” lives on. About the DOUBLE DOINK Trademark Application An application was filed to register DOUBLE DOINK as a trademark on January 8, 2019, just two days after the infamous playoff game. Myron Thews of Wisconsin applied to register DOUBLE DOINK with the United States Patent and Trademark Office (USPTO) for use in “online, and clothing, novelty items". Prior to the filing date of the application, the phrase DOUBLE DOINK dominated social media and made its [...]
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 [...]