Viva Las Vegas

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I've got Vegas on the brain as I'll be heading out that way tomorrow. As a result, the blog posts won't be happening again until next week when I come back, hopefully with a little more jingle jangle in my pockets.

So I thought I'd use Las Vegas as an inspiration point to check out some of the more interesting Vegas-tinged trademarks:

Dave's Fabulous Las Vegas Barbecue Sauce. The logo is a take off on the famous Las Vegas sign.

Erotic Suite Palms Las Vegas. The suite features a dancer's pole, a round bed & a $4000 per night cost.

What happens in VEGAS...Ends up on the Internet... is currently being opposed by the Las Vegas Convention and Visitors Authority based on their filing of What Happens Here, Stays Here, which is suspended pending the disposition of What Happens in Vegas Does Not Always Stay in Vegas & 2 marks for What Happens Here, Stays Here, which is the LV Convention & Visitors Authority mark.

Looking further into these marks is a bit like Alice falling into the rabbit hole:

What Happens in VEGAS...Ends up on the Internet is being opposed by What Happens Here, Stays Here, which is suspended pending the outcome of their other filing for What Happens Here, Stays Here, which is suspended pending the outcome of What Happens in Vegas Does Not Always Stay in Vegas AND their 2 other marks for What Happens Here, Stays Here, which is suspending pending the outcome of What Happens in Vegas Stays in Vegas, which is currently being opposed by...dun dun dun the owner of What Happens Here, Stays Here. PHEW, get all that?

Likelihood of Confusion: The Rule of SAM

When filing for a Federal trademark keep the SAM rule in mind.

The USPTO will refuse registration "if the marks are similar and the goods and or services related." So basically marks do not need to be exact conflicts to be considered for refusal. "Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion," hence the SAM rule.

I'll devote a few more posts this week getting into the nitty gritty of what that means.

*Comprehensive research will be on the lookout for SAM*

What's the Point of Getting a Federal Trademark?

After reading about Common-Law, you're probably wondering why you'd even be interested in getting a Federal Trademark for your name. Well, let's break down the key reasons as provided by the USPTO.

1) Constructive notice nationwide of the trademark owner's claim

Essentially, this means that no other party will have the right to use the same or confusingly similar name throughout the US. It also means you can use the ® symbol.

2) Evidence of ownership of the trademark

The records of the USPTO are public and therefore, it'll be obvious you own the Federal trademark.

3) Jurisdiction of federal courts may be invoked

Should another party infringe on your Federal trademark rights, you'll be able to use the Federal court system.

4) Registration can be used as a basis for obtaining registration in foreign countries

If you do want to extend outside of the US, you'll be able to use your US Federal trademark registration as a claim for priority.

5) Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods

You'll be able to record your Federal trademark with U.S. Customs & Border Protection to prevent the importation of goods that infringe upon your mark. Read more here.

All of the above advantages are yours once you obtain a Federal trademark. However, all of the above can only be yours once you know that the mark is truly available AND the application has been completed correctly.