Skip to main content
What a Tweeting Mess!

Back in August, I posted about Twitter filing for the mark Retweet. The USPTO has since sent Twitter's legal counsel an Office Action suspending Retweet's application based on prior filings. However, let's take a closer look at these filings & perhaps we can figure out where Retweet is going to end up - abandoned or a real, live Federal trademark.

Here's what the USPTO is telling Twitter:

"Although the examining attorney has searched the Office records and has found no similar registered marks which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial Nos. 77724346, 77802071, 77797006, 77697186, 77749897, 77746004, 77725866, 77701645, 77695071...

Action on this application will be suspended pending the disposition of these application upon the applicant’s response to the office action."

Wooo, that's a whole lot of sevens! Okay, let's look at each one, in order...

TweetLaw is currently suspended pending the outcome of Tweet, which is owned by Twitter.

tweetdealz is currently suspended pending the outcome of a whole lot of filings, which includes Tweet.

TweetTV is currently suspended pending the outcome of quite a few filings. And yup, Tweet is one of them.

Cotweet is being published for opposition. This filing went to publication on the 3rd of this month. So far, no oppositions have been filed. If no oppositions are filed, this filing will move to registration.

TweetNetworking is currently suspended pending the outcome of 7 filings, which include Tweet.

tweetworking is also suspended because of other filings. And guess what? Tweet is in the mix.

TweetDeck is suspended because of Tweet.

tweetPhoto has filed using Twitter's pretty distinctive looking bubbly blue font but their refusal has to do with descriptiveness: "
The relevant definition of ‘tweet’ is “[a]n entry posted on the microblogging service Twitter.” See attached. The relevant definition of ‘photo’ is “photograph.” See attached. Thus, the term ‘tweetphoto’ means an entry posted on Twitter to which a photograph is attached."

TweetMarks looks pretty to good to go except the USPTO is waiting for clarification on a specimen from them. They have until December 9th of this year to respond or the mark becomes abandoned.

Wowza. Okay, let's take a step back & look at these filings. A good chunk of them are suspended based on Twitter's filing for Tweet so let's look at that filing:

"
Action on this application will be suspended pending the disposition of Application Serial Nos. 77695071, 77697186, and 77701645 upon receipt of the applicant’s response resolving the following."

TweetMarks, CoTweet, and tweetPhoto are the marks mentioned. Look familiar?


So what do you think the outcome of Retweet or Tweet will be?

- Mention our blog & receive $25 off of our Premium Package -
- Put BLOG in the Contact Name field -

Comments

Popular posts from this blog

Trademark 101: State Trademark or Federal Trademark?

Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs.
For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here.
First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs?
1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide?
If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark:
·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…

Trademark 101: Should You Trademark?

Now that we know what a trademark is and is not, let’s dive into the next logical question: should you trademark?
The easiest way to answer this question is to look at your business and your plans for it.
-Is the name, logo, or slogan an integral part of your business? -Are you doing business on a statewide or nationwide or international level? If you’re only doing business citywide or countywide, do you see potential for geographical growth? -Would another business in your industry using the same or similar name hurt your business? In other words, is it possible you’d lose customers if someone had the same or similar name in your industry?
If you answered yes to any of the above then exploring a trademark is the way to go.
Here’s what a US Federal trademark gives you:
·A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a state registration only provides rights…

Trademark 101: What Isn’t a Trademark?

Yesterday’s post was all about what a trademark is so today we’re going to talk about what a trademark is not. Knowing both sides of that coin will give you a clear idea if a trademark is right for you or not.
Let’s use yesterday’s examples as a jumping off point:
·PEACE is the name of your new clothing line and your logo is the peace sign. Both of these things appear on the tags that are attached to the clothing items. You have a variety of designs and sayings that appear on the front of your clothing items, e.g. the front of a t-shirt.
·LOVE is the name of your daycare services. Your slogan, Love blooms here, appears on the web site, the brochures for new parents, the signage inside & outside of the facility. There are also multiple heart designs, created by you, used in your advertisements.
·HAPPINESS is the name you use for your invention, a new kind of food processor. You have stacks & stacks of technical documents explaining how your invention works and every page has the n…