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Responding to a Final Office Action
What Is a Final Office Action? A Final Office Action is an official letter issued by the United States Patent and Trademark Office (“USPTO”). A Final Office Action issues when the applicant has filed response to a first office action, but did not resolve the original grounds for rejection. In this Final Office Action letter, an Examining Attorney lists any remaining legal issues with your trademark application. Once a Final Office Action is sent, the applicant has six months to convince the Examining Attorney to withdraw his/her rejection and also resolve any outstanding formalities. This is the applicant’s last chance to file a response. The trademark application will go abandoned at the end of the six-month response period. A Final Office Action Issues When the Original Grounds for Rejection Were Not Addressed For there to be a final office action, [...]
Four Key Legal Considerations When Naming Your Business
Naming Your Business - Protect Your Brand Choosing the right name for your business can determine your success. A powerful name can create outstanding marketing and branding opportunities. However, choosing a name that is already taken – or choosing a name you can’t protect – can result in negative publicity and legal issues for your business. It is crucial to take the time to research and understand the legalities associated with naming your business. Here’s a list of the top 4 legal considerations when naming your business: 1. Pick a unique name. Avoid descriptive wording. Search for similar trademarks in your field - avoid them. 2. Register the trademark in the countries you sell. Copyright your brand imagery - your logo. (Belt and suspenders) 3. Police and Enforce your trademark rights. Use TM, SM, or ® where appropriate and publish [...]
10 Strategies to Consider When Choosing a Company Name for Trademark Use
Choosing a Company Name Is Hard Work Trademark law is a maze of rules that dictate whether you can own exclusive rights to a company name or brand. Choosing a company name for trademark use involves balancing a stylistic process of coming up with a business name while working within with a system of trademark rules. When you work through the stylistic process of choosing a brand, you want to keep in mind trademarking rules discussed below. This way, you can choose a stylistic company name that is also protectable under the trademark laws. In my 20+ years of practice as a trademark attorney, I’ve had countless opportunities to see this balancing act play out in real life. Read This Article About How To Generate Names for Trademarking Here’s a list of the top 10 considerations when choosing a company name for trademark use: [...]
Harp & Crown Trademark Application Filed by Owner Michael Schulson
Harp & Crown Trademark Application Filed by Owner Michael Schulson Michael Schulson, Founder and CEO of Schulson Collective, filed a Harp & Crown trademark application to be used with bar and restaurant services. The trademark was registered on March 6, 2018. About Michael Schulson It is nearly impossible to stroll through Philadelphia’s Midtown Village without hearing or seeing something that has to do with Michael Schulson, one of the city’s most successful hospitality professionals. After graduating from the Culinary Institute of America, Schulson worked in upscale restaurants such as New York’s Peacock Alley at the Waldorf-Astoria Hotel and David Burke’s Park Avenue Café, and Philadelphia’s Le Bec-Fin and Susanna Foo. Schulson managed Buddakan in NYC and Pod in Philadelphia before travelling to Japan to pursue his passion for Asian cuisine. During this time he strengthened both his culinary skills and his ability to speak conversational [...]
PHILLY LOVES A WINNER Trademark Application Filed by SugarHouse Casino
PHILLY LOVES A WINNER Trademark Application Filed by SugarHouse HSP Gaming, L.P., to register the phrase for use in Casino Services. About SugarHouse Casino SugarHouse Casino, Philadelphia’s very first Casino, is a state of the art complex located along the Delaware River in Philadelphia, PA. The Casino opened in 2010, on the site of what used to be the Jack Frost Sugar Refinery, hence the name “SugarHouse”. SugarHouse is home to 3,000 slot machines and tables, and a variety of retail and dining centers. In 2014, the Casino initiated renovation plans to expand the casino floor, add a parking garage, and bring more amenities such as a health spa and event center. Guests can choose from multiple dining options to satisfy their cravings. People looking for more upscale restaurants can head over to Hugo’s Frog Bar and Chop House or Mian. If you’re looking for [...]
MEEK MILL Trademark Application Filed by Dream Chaser Records, Inc.
MEEK MILL Trademark Application Filed - Philadelphia, PA Dream Chaser Records, Inc. has filed a trademark application to register MEEK MILL for use in musical, apparel, and entertainment services. The trademark application was filed on May, 23, 2018. The trademark office typically examines the application within 4-6 months from the application date. For more ... visit trademark application process and timeline. MEEK MILL Trademark Application Details Dream Chaser Records, Inc., is Meek Mill’s very own record label imprint that launched in October 2012. On May 23, 2018, about a month after his release from prison, Dream Chaser Records, Inc., applied to register MEEK MILL as a trademark for use in Compact discs, digital music downloads, audio and video recordings, and musical video recordings. In addition to, athletic apparel such as shirts, pants, jackets, footwear, hats and caps, athletic uniforms, and entertainment services in the nature of live [...]
What is a Trademark Disclaimer?
What Is a Trademark Disclaimer? If you are reading this, you likely have an office action that requires a trademark disclaimer. A disclaimer is a common thing in trademark law. However, the Trademark Office will not approve a trademark application until the applicant disclaims a portion of the mark. A trademark disclaimer is a written statement that “disclaims” “exclusive rights” to “unregisterable content” in a "trademark registration". Disclaimers protect the public's First Amendment right to use words that are considered public domain. This right extends to the use of generic or descriptive words and phrases. In other words, Disclaimers deny trademark owners from claiming exclusive rights to these type common descriptive or generic words and phrases. 1. To Disclaim - disavow - deny ownership of Exclusive Rights to Unregisterable Content A disclaimer is an affirmative declaration that is a public record. The declaration states that [...]
The City of Philadelphia Applies to Register LOVE Park Trademark
Trademark Application Filed for LOVE Park The City of Philadelphia has applied to register the iconic LOVE Park as a trademark with the United States Patent and Trademark Office (USPTO). The LOVE Park trademark application was filed for use in promoting tourism and recreation in Philadelphia, Pennsylvania. LOVE Park Trademark - About LOVE Park: LOVE Park, officially recognized as John F. Kennedy Plaza, is located in the heart of the city, at the corner of 15th street and JFK Boulevard. In 1965, city planner Edmond Bacon, father of actor Kevin Bacon, designed the public space over an underground parking garage as an entrance to the Benjamin Franklin Parkway. The plaza’s nickname “LOVE Park” did not surface until 11 years later when the Love sculpture was brought to Philadelphia for the United States Bicentennial. In 1970, American pop artist Robert Indiana [...]
Trademark Application Filed for Philadelphia’s “Trust the Process”
Trademark Application Filed for Locally Praised Mantra "Trust the Process" In the midst of Philadelphia’s most successful year for professional sports, the nationally recognized and locally praised mantra Trust the Process was applied for as a trademark with the United States Patent and Trademark Office (USPTO). On May 8, 2018, an Intent-to-Use trademark application was filed by applicant Michael Curry for “Trust the Process” used with Sports Camp and Entertainment Services Featuring Appearances by Sports Celebrities. The Origin of “Trust the Process” The evolution of the phrase began in 2013, when the former General Manager of the Philadelphia 76ers, Sam Hinkie, emphasized the importance of minor victories and patience during the team’s rebuilding period. It wasn’t until 2015 that the phrase surfaced, spreading rapidly through the NBA and following the Sixers’ success as they made it to the second round of playoffs in 2018. [...]
PHILLY DILLY Trademark Likely to Register With U.S. Trademark Office
PHILLY DILLY Trademark Application Likely to Register in Apparel Category In December 2017, an Arizona based corporate entity named Royal Palm Entertainment, LLC filed an Intent to Use Trademark Application with the United States Patent and Trademark Office (USPTO) for PHILLY DILLY in connection with Hats; Hoodies; and T-Shirts. On April 18, 2018, The USPTO sent out a Notice of Publication for the Philly Dilly Trademark Application. This means that the Philly Dilly Trademark Application will be published for opposition by third parties. If unopposed, Philly Dilly will be Granted Registration once a statement of use is timely filed by the applicant. The Philly Dilly Trademark Application has Been Allowed and will be Published for Opposition The Philly Dilly Trademark Application was allowed and will be published for opposition in the USPTO's Trademark Official Gazette. All trademark applications filed with the USPTO are [...]