This week’s post presents a good example of why trademark registration owners cannot merely rely on the Trademark Office to prevent the registration of confusingly similar trademarks. On August 15, 2010, a Texas resident named Charles Caudle filed an intent-to-use trademark application for the mark GREATERADE. The identification of services listed in the application states [...]
Trademark Tip: What is a Trademark Assignment?
A trademark assignment is simply the transfer of ownership of a trademark from one person or entity to another. In order for a trademark assignment to be valid and enforceable, it must include the underlying goodwill associated with the trademark (i.e. the value and name recognition). Otherwise, the transfer of ownership will be considered an [...]
Ridiculous Trademark Opposition of the Week – Travelers Insurance v. Guard Insurance
I know it’s been a while since I’ve added to my collection of ridiculous trademark oppositions, so here’s one that I came across today that I think you’ll find amusing. It comes courtesy of a well-known insurance company that really likes it when it rains because of all the free advertising it gets from people [...]
Trademark Registration Tip: What is an Appeal to the Trademark Trial and Appeal Board (TTAB)?
You have the option of filing an appeal with the Trademark Trial and Appeal Board (TTAB) when the Trademark Office issues a final refusal to federally register your trademark. For example, let’s say you file a trademark application and the trademark examining attorney refuses registration of your mark on the basis that it is likely [...]
Ohio State University Files Trademark Opposition Against Trademark Application for “IN TRESSEL WE TRUST”
This week’s post is for all you college football fans out there, especially those who root for a team that has some lame nut as a mascot. Before the 2001 season, The Ohio State University hired Jim Tressel to coach its storied football program. Since that time, Coach Tressel has become the face of Big [...]
Trademark Registration Tip: What is a Request for an Extension of Time?
If you filed your trademark application on an intent-to-use basis, the Trademark Office will issue the Notice of Allowance once the 30 day opposition period has expired. You then have six months to show the Trademark Office that you are actually using your mark in commerce in connection with the products/services listed in your trademark [...]
Trademark Registration Tip: What is the Statement of Use?
If your federal trademark application was filed on an intent-to-use basis (i.e. your trademark was not in use at the time you filed your application), you must prepare and submit the Statement of Use before the Trademark Office will grant registration of your trademark. The Statement of Use is basically a sworn declaration that the [...]
Raw Deal! Groupon’s Trademark Registration for GROUPON Challenged By Owner of GROUPION Trademark
This week’s post involves one of the best places on the web to get substantial savings on tons of different products and services. If you’ve never heard of Groupon, I suggest you immediately stop reading my blog, sign yourself up on Groupon’s website, and start receiving a new deal in your inbox every single day. [...]
How Long Does a Federal Trademark Registration Last?
Although a trademark can last forever so long as it is being used in commerce in connection with the advertising and sale of products or services, a federal trademark registration must be maintained and renewed periodically in order keep it in full force and effect. The good news is that preventing your trademark registration from [...]
McDonald’s Says: “Our Meals are Happy. Your Meals Are Not.”
Happy’s Pizza Company is a regional casual restaurant chain with approximately 65 locations throughout Michigan, Ohio, and Illinois. According to its website, Happy’s Pizza first opened in 1994 and now serves a wide variety of food items including pizza, ribs, sandwiches, burgers, and chicken wings (sounds like my kind of place). My research also indicates [...]
