China has passed a new trademark law that will become effective May 1, 2014. The new law provides additional ways for trademark owners to prevent others from registering their established marks, and also provisions to pursue trademark infringers. Under the United States’ trademark laws, trademark rights are granted based on first use of a trademark, […]
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The internet has the power to turn an individual into an overnight celebrity. Or, in other words, it can turn a person into a brand. This raises the question, can someone obtain a registered trademark in their personal name? Do you have the Required Connection? The short answer is yes, but in very limited circumstances. […]
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A small town Kansas restaurant, which filed a Trademark Trial and Appeal Board appeal in an attempt to register the name “Carl’s Bar,” has been denied by the Trademark Trial and Appeal Board (“TTAB”), who ruled it would likely to be confused with and negatively impact fast-food chain, Carl’s Jr.’s trademark. Carl’s Jr. Restaurants LLC […]
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Valve Software has, on September 29, 2013, filed for registration of a CTM trademark for Half Life 3 in the European Union. Under EU law, one must have a genuine intent to use a trademark in the future in order to obtain and maintain a CTM trademark registration. Under Article 15 of the Community Trademark […]
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Background Subway Restaurants sought to trademark “FOOTLONG” for its sandwiches. Sheetz of Delaware, Inc. filed a trademark opposition opposing the registration of “FOOTLONG”, claiming that the term is indistinguishable from similar type foods (i.e., generic) because other food providers have used, and have the right to continue to use, that term generally. In arguing the […]
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Clients often ask us how to trademark a name. Learning how to trademark a name is a three step process: 1. First, identify a name that is protectable by trademark law. Generic names, such as “Coffee House” for use with a coffee shop, cannot be trademarked. Descriptive names, such as “Computerland” for a computer store, […]
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The Trademark Trial and Appeal Board (TTAB) has rejected a trademark application for registration of the term MOTT’S for use in association with baby food. In rejecting the trademark application, the Trademark Trial and Appeal Board found, under Section 2(e)(4), that MOTT’S is not an inherently distinctive surname due to fame. The TTAB noted that […]
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Two “twisted sisters,” Sandra Russell and Nancy Hansen, operate Twisted Sisters Coffee Shop in Mission, Kansas. They were shocked to receive a letter from a lawyer representing John French, the founding member of the heavy metal band Twisted Sister. The letter alleged that the sisters infringed on French’s trademark because their use of “Twisted Sisters” […]
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In today’s global market it is necessary to gain an edge in business conducted not only within our own borders, but internationally as well. But many current trademark owners or potential applicants may be unaware that international registration is actually quite simple to do thanks to what is known as the Madrid Protocol. It is […]
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