Read my Newsletter regarding Consumer Standing to bring a USPTO Opposition in the U.S. here: https://t.co/DNHiNldjvb
The US Supreme Court has Denied Petition for Certiorari in RAPUNZEL Trademark Making Decision of the Court of Appeal for the Federal Circuit Final #IP#trademark
Dear friends and colleagues, please allow me to wish you a Happy and Healthy New Year 2026! May 2026 be bright, kind, and full of reasons to celebrate! #NewYear2026
Please Allow me to Wish you all a Happy and Healthy Thanksgiving Day!
Please read my most recent Newsletter with Holiday Wishes, Trademark Scam Awareness and new Trademark Success Stories about my Clients here: https://t.co/wvRJqsVqnl #trademarks
Read my recent newsletter here: https://t.co/x39OMglU7s "US Trademark Application Process, Responding to Office Actions & a Few Interesting Beverage Cases" including Opposition by BANDIT for "wine" vs. BREAK OUT THE BANDIDO for "tequila"-No Likelihood of Confusion #Tequila#wine
Please read my Newsletter "Trademark Protection for Online Retail in the U.S. Two Recent Precedent Decisions by the United States Trademark Trial and Appeal Board (TTAB 2024)" here: https://t.co/zqdlNhhs24 and let me know what you think! #ecommerce#smallbusiness#Retail
U.S. Sup. Ct has ruled in Vidal v. Elster that “The Lanham Act’s names clause does not violate 1st Amendment”. Read it here: https://t.co/jLYvFnlWts
TM Act prohibits registration of a mark that “consists of or comprises a name . . . identifying a particular living individual..."
Happy to share great news about my client's, JVF Solutions, LLC, recent 2023 successful USPTO trademark registration for "marketing, website design and software development services"!
#MarketingStrategy#WebsiteDesign
Even though state by state trademark registration is possible, usually, business owners prefer federal USPTO TM registration because it provides U.S. nationwide protection with the priority date of TM application. Applicant must satisfy use-in-commerce requirement #smallbiz
It is important to conduct a proper trademark search to determine trademark availability and potential conflicts with 3rd parties. A senior trademark owner in the U.S. maybe able to bring a trademark infringement action against junior competitor on the market #CEO#BusinessGrowth
USE YOUR CREATIVITY to select good name and logo for your TM. Do not limit yourself to descriptive terms. Try to attach particular concept to the logo you choose such as purpose or values of your business. Conduct TM search to make sure what you like is available #SmallBusiness
This trademark reg-n of my client is a good example of a strong fanciful term with a touch of suggestiveness.
Trademark "VALOOM" was registered for various "Graphic Design Services". My client now owns exclusive right to use this TM in the U.S. #graphicdesigners#SmallBusiness
Tips for creating a strong trademark: (1) Be unique; (2) Never be obvious; (3) Try to avoid generic or highly descriptive terms: (4) Use completely made-up term that nobody has; (5) Be suggestive rather than descriptive #GraphicDesign#SmallBusiness#NFTs
Trademark Owners Beware of Solicitation Gate!
After you file a new trademark application, please beware of scam third-party solicitation inquiries asking you for money or information. Often times, they look like a legitimate communication from USPTO #smallbusinessowners#NFTs
Engage Your Creativity to Build a Distinctive Brand!
To overcome the issue of descriptiveness in trademark, one may add a new non-descriptive word as part of TM, create a suggestive or unitary phrase as well as come up with a unique one-of-a-kind work of art #NFTs#NFTCommunity
Successful Trademark Registration of Unique Double Entendre without a Disclaimer or Acquired Distinctiveness Despite the Initial USPTO Refusal as “Highly Descriptive Term”. #SmallBusiness#Trademarks
U.S. District Court for the Southern District of New York on Trademark Infringement, Trademark Dilution, and Cybersquatting Claims Brought by Trademark Owner Hermes against MetaBirkins NFT Creator. Hermes Int’l v. Rothschild (S.D.N.Y. 2023) #NFTs#NFTCommunity
U.S. Supreme Court Decision on Application of Rogers Test in Trademark Infringement and Dilution Proceedings when “Trademarks are Used as Trademarks”. Jack Daniel’s Props., Inc. v. VIP Prods. LLC, 599 U. S. ____ (2023). #trademarks#intellectualproperty
SCOTUS on Fair Use Defense in Copyright Infringement and What it Takes to Create a Transformative Work of Art. Andy Warhol Found. v. Goldsmith, 598 U. S. ____ (2023) This graphical image was independently created by me to support my review of this decision #artists#SmallBiz