Imagine that you are starting a new brand. You decide to name it DINOSAUR SHIRTS because you love dinosaurs. You decide to file applications with the USPTO for your name and corresponding logo. You hire a trademark attorney to help you through the process. Your attorney gives you a helpful overview such as the one described in this short video. Your attorney warns you of one or more prior applications/registrations that could come up in the application process. You move forward with the applications and later receive office actions.

Robert Kiyosaki distinguishes best-selling authors from best-writing authors. In his best-selling book, Rich Dad, Poor Dad, (ad) he shares a story of a conversation he had with a journalist who asked him how to write a book that will sell as well as Rich Dad, Poor Dad. Kiyosaki responded to the journalist that she probably writes better but he knows how to sell.

The world of trademarks is filled with distinctive brand names, logos, and slogans. However, there are plenty of trademarks that are descriptive, and not distinctive. Some marks are both immensely popular and surprisingly descriptive. One such trademark is THE GREAT BRITISH BAKE OFF, used to identify a beloved television show that has captivated audiences worldwide. In this blog post, we’ll explore why THE GREAT BRITISH BAKE OFF is considered a descriptive trademark, yet it has managed to become a strong trademark.

What better way to start a week of Brand Spotlights for Minneapolis companies than to choose arguably the most familiar one, Target. After all, two of the major league stadiums are named after Target: Target Field (home of the Twins) and Target Center (home of the Timberwolves and Lynx).

In 2007, local high school football powerhouse, Judson High School, was on track for its seventh Texas High School Football State Championship. The school adopted the motto “Seven in 07.” Similarly, in the last few San Antonio Spurs playoff runs, local t-shirt merchants sell t-shirts adorned with the phrase “Race for Seis!” Recall, the Spurs already have five NBA championships to their name.

If you regularly practice in state or federal courts—or if you have been a party to a lawsuit—you know that you are not allowed to call the judge or her staff to discuss your case. With few exceptions, nearly all communications (e.g., in person, phone calls, emails, etc.) between you and the court concerning your case must take place in the presence of your opposing counsel. Communications outside the presence of opposing counsel are deemed “ex parte” and they are rarely permitted.

When I was younger, I heard that a great way to protect your invention was by writing down the work/idea, putting it in an envelope, mailing the envelope to yourself, retrieving the envelope, and storing the envelope somewhere safe and secure. If the day comes that you need to prove that you created the invention by a certain date, you have the envelope as proof.

The Texas Young Lawyers Association (TYLA) is aptly named the public service arm of the State Bar of Texas. During my several years on the TYLA Board, I assisted with and observed countless projects directed to help lawyers, judges, law students, and the community at large.

Proceedings at the USPTO’s Trademark Trial and Appeal Board (TTAB) are conducted almost exclusively in writing. With the exceptions of telephone conferences, discovery conferences, and final oral arguments, business before the Board takes place in writing. In fact, the trial itself takes place in writing…

Imagine that you own and operate a restaurant named FreshPalate. You started the business twenty years ago. You learned that another, much newer restaurant, located on the other side of the country successfully registered name and logo trademarks for FlavorsPalate….

As a brand owner you might find yourself in the midst of a trademark dispute, such as an opposition proceeding. Perhaps you filed a trademark application for HOUSTON ASTRO ZIPPERS used to identify baseball caps adorned with zippers and another, much larger brand owner opposes your application. Imagine that! As a party to a TTAB proceeding, you should know the rules, statutes, and cases that you can rely on to form your strategy and advance your case.

Filing trademark applications and maintaining trademark registrations may seem daunting for those unfamiliar with USPTO rules and procedures. This area of the law becomes less daunting when you become familiar with three trademark manuals…

Trademarks are essential to protecting brands and fostering consumer trust. As trademark applications are processed and registered, the United States Patent and Trademark Office (USPTO) publishes updates in its Official Gazette. The Trademark Official Gazette provides information…

Imagine two puzzle companies. The first of which is named DINOSAUR PUZZLES. Each of its pieces has green backing and talons. Each of its puzzles has a border made up of dinosaur bones. The puzzle boxes have noise machines that roar when you shake them. These branding elements are distinctive and memorable. I haven't seen a puzzle brand like this!

As lawyers, we almost always want the last word. The Trademark Trial and Appeal Board (TTAB) recently addressed this issue as it concerns expert reports. The TTAB issued a precedential decision involving the admissibility of expert reports in Monster Energy Company…

Trademark infringement is an important issue for businesses operating in the wine industry. With an expanding market and an array of wine brands vying for consumer attention, protecting your unique identity and brand reputation becomes increasingly important. In this post, we will explore the importance of trademark protection in the wine industry and delve into identifying and addressing potential trademark infringement issues. From conducting trademark searches to enforcing your rights, I will share several points wineries should consider to safeguard their intellectual property and maintain a competitive edge in the dynamic wine market.

Federal trademark litigation involves a number of legal procedures—many of which are unfamiliar to non-lawyers—one of the most significant being the discovery process. In federal trademark lawsuits, the discovery process plays a pivotal role in identifying evidence, establishing claims, and building (or defending) a strong case. This process involves collecting, sharing, and reviewing information relevant to the case.

Flea markets are vibrant spaces where vendors showcase a diverse array of goods to eager shoppers. However, along with the excitement of these bustling markets, flea market operators must also be careful and consider trademark risks. This blog post addresses trademark issues that are relatively unique to flea market operators. From counterfeit merchandise to unauthorized use of famous brands, we will delve into the potential risks and provide ideas on how to mitigate them.

I am a puzzle enthusiast: I have competed in puzzle competitions and designed my own puzzles. Most importantly, I really enjoy puzzles. Puzzle branding is important to me. There are puzzles that I buy based primarily on the puzzle maker. And there are some puzzles I won't attempt (much less buy) because of the brand. For example, some puzzle makers like Ravensburger are known for making puzzles with great artwork, high-quality pieces, among other desirable attributes. By contrast, some brands sell puzzles with pieces that are poorly cut, and as a result, the hobbyist cannot tell when two pieces are matching. These sentiments illustrate the importance of branding for puzzle companies, and trademarks are an important part of that branding.

When it comes to successfully navigating the world of trademarks, understanding the rules and guidelines set forth by the United States Patent and Trademark Office (USPTO) is crucial. One invaluable resource for trademark applicants is the Trademark Manual of Examining Procedure (TMEP). The TMEP serves as a comprehensive guide for trademark examination and provides valuable insights into the USPTO's trademark examination process. In this blog post, we will explore key sections of the TMEP and offer practical tips to help trademark applicants navigate the application process with confidence.