THE TM LAWYER

If, when you see a giant inflatable bird-shaped pool toy, you immediately wonder whether the shape of such a toy is protected under trademark law then you are reading the right blog post.  The U.S. District Court of Appeals for the Second Circuit (New York, Connecticut and Vermont) recently examined claims of infringement of inflatable…

Handling Opposition and Cancellation matters pro se (i.e., without an attorney) at the Trademark Trial and Appeal Board (TTAB) is a risky proposition.  The TTAB operates according to a set of guidelines presented in the Trademark Board Manual of Procedure (TBMP).  In addition to trademark-specific issues in the TBMP guidelines, the TTAB procedure also follows…

A mark that contains a changeable or phantom element resulting in more than one mark must be refused registration.  This is the ruling from the Trademark Trial & Appeal Board (TTAB) in the August 16, 2018 precedential opinion In re Society of Health and Physical Educators (Serial No. 87/107590). In this case the applicant sought…

A hash symbol (#) or the word “hashtag” generally adds little or no source-indicating distinctiveness to a trademark.  This is the ruling by the Trademark Trial & Appeal Board (TTAB) in the August 16, 2018 precedential opinion In re i.am.symbollic, llc (serial number 85916778). In this appeal, the well-known musician Will.I.Am from the Black Eyed…

Not every word, name, phrase, symbol or design, or combination thereof which appears on a product functions as a trademark.  And, a mere intent that a phrase function as a trademark is not enough in and of itself to make it a trademark.  This is the explanation provided by the U.S. Trademark Trial and Appeal…

This article is originally published at UpCounsel. The benefits of registering a trademark include name recognition, copyright protections, and brand distinctions between the competition. Overall, trademarks are highly useful assets you can use to your advantage while gaining an advantage over the competition. According to recent estimates, trademarks entail a third of corporate value. A valuable brand…

This article is originally published at UpCounsel. Copyrights, trademarks, patents, and licenses are each a different form of intellectual property (IP) rights protection recognized by U.S. law. The distinctions among them can be subtle and often the same product or service may involve more than one of these IP rights. How can you tell them…