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New Year’s Resolution: Trademark Review and Planning

2017 is fast approaching, which means one thing: It is time to select, and soon start implementing, your new year’s resolution! For most businesses, there are few resolutions better than those designed to help protect the company’s valuable intellectual property. Accordingly, consider making the review and maintenance of your company’s trademark portfolio this year’s resolution. […]

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Trademark Description: Does job placement software render the service of professional placement and recruitment?

In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‚¬Ëœ917) for “personnel placement and recruitment”services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‚¬Ëœ235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitment and employment, employment advertising, career information and resources, resume […]

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Unity of Control over a Family of Marks

Wise F&I, LLC and a number of its subsidiaries recently opposed Allstate Insurance Company’s application to register the marks MILEWISE and ALLSTATE MILEWISE for ” insurance services, namely, writing and underwriting of property and casualty insurance and providing ancillary services thereto, namely, administration and claims adjustment,”in International Class 36. Wise F&I, LLC and subsidiaries jointly […]

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USPTO Data Visualization Center

Have you ever wondered how long the typical time before a first Office Action in a pending patent or trademark application is?  Or am I the only one waiting for some months after filing an RCE to have my patent application reexamined?  Or what is the average length of time a patent application or trademark […]

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Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000

It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included […]

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“White” Color Mark

In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color “white”as applied to gunpowder in […]

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Trademarks in China

Apple recently lost what may turn out to be a significant trademark infringement case in China. Apple, having a registration for the mark “IPHONE”in international class (IC) 9, opposed Xintong Tiandi Technology (Beijing) Co., Ltd.’s trademark application for the mark “IPHONE”in IC 18 covering leather goods, including cell phone cases. Apple argued that the IPHONE […]

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Trademark Searching: The Not-So-Glamorous, Yet All-Too-Important Step in Brand Identification

When you are in the process of branding your company, products, or services, the idea of trademark searching can sound boring and maybe even appear to be an unnecessary expense. However, a proper trademark search can prevent the stress and costs of rebranding and defending a possible law suit, which can be in the realm […]

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Intellectual Property Protection Options for Software

In a previous blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […]

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Political Campaigns & Unauthorized Music

As the presidential caucuses approach so do the opportunities for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist upset that a politician or campaign used the artist’s music without authorization. A list of notable disputes include Bruce […]

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