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Showing posts from January, 2007
Martha Stewart in the News Again

The residents of Katonah are a tad upset with the 3rd richest woman in entertainment.

My only question is – was there the same ire when she originally filed for the geographic term, Katonah, back in 2005?

Check out the old listings by going here and enter these serial numbers: 78727055 & 78727070

What are the different types of marks?
What factors should be considered in choosing a strong trademark?

Humor & Trademarks: The Two are Not Mutually Exclusive

Case in point, the very funny Stephen Colbert's take on the AT&T and Cingular deal – check out the video here.

How to Determine Trademark Infringement?

This post was inspired by all the hullabaloo caused by the iPhone (who owns it? Apple? Cisco?).

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks;
and the commercial relationship between the goods and/or services listed in the application.

To find a conflict, the marks do not have to be …
Cisco & Apple Getting Ready to Duke it Out in Court

There was quite the buzz earlier this week about Apple's latest gadget, the iPhone. Today's buzz is all about the lawsuit Apple received from Cisco for trademark infringement.So, what way do we think this is going to go? My bets are on Cisco getting a princely sum.

Trademark FAQ
Can I get monetary damages when my trade name is used elsewhere?

USPTO Celebrates a Milestone

The USPTO announced via a press release that their millionth online trademark application was filed. The millionth applicant since 1997 is pretty impressive. And while, yes, I agree that the electronic system is a thing of beauty if you're in the trademark world, I do have a bit of contention with a portion of that press release.

The millionth application was filed by Donald Junck for the name Bait Craft. Now, of course, I'm going to be biased but I'm going to have to disagree with this: "As many small business owners have done, [Junck] filed the application himself, demonstrating how easy and convenient TEAS is to use--regardless of the applicant's location or resources."

I do think TEAS is a marvelous tool; however, delays tend to be the result for someone not familiar with the verbiage or the process or what the USPTO expects to be on the application. While some mistakes can be corrected, others cannot. And those mistakes that can…
They're Celebrities AND Inventors

Ironic Sans had a great post yesterday about celebrities and their patents. Using Google's new Patent Search feature, the folks at Ironic Sans found 18 patents by your not-so-typical inventor (is there a typical inventor, though?).

Is it a patent or a trademark that you need?

2006: The Year That Was…
* Record-breaking:

The USPTO had a 36% increase of final actions on trademark applications from 2005.
* Controversial:

Some debates looked familiar while others were new to the trademark scene.
* A Little Wacky:

From headbutts to podcast (generic or no?), it's been a wacky year of filings.
Read more about trademarks.
Read about trademark filings.