Case Studies: quick links to the evidence submitted to USPTO with Letters of Protest and (sometimes) explanations; other trademark-related case studies.
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Here’s a trademark Letter of Protest example that illustrates some of the challenges examining attorneys face in issuing valid trademarks.
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This post links to an example Letter of Protest against a Bible verse trademark application, and explains why I filed it.
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Last updated on June 10th, 2020 “Make America Grateful Again” is a registered trademark for hats and T-shirts (SN87587829). As if a typical consumer seeing products bearing this “mark” (decorating shirts in large print across the center of the chest) would be gullible enough to think it’s a “brand” and not a satirical political slogan. … Read more
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Read I believe the eight varieties of LIFEGUARD trademarks should all be canceled.
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Last updated on June 9th, 2020 Here’s an example of why you should treat your online business like a real business from Day 1. Without proper documentation, you won’t have a leg to stand on when the time comes to register a trademark for your brand. USPTO apparently audits registrations. The screenshot is hard to … Read more
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Last updated on June 23rd, 2020 FRIVOLOUS TRADEMARKS: IC 35 Letter of Protest update: My Dog Mom Letter of Protest was dismissed in part and denied in part: 1) a “failure-to-function — widely used message” refusal was already issued, so my protest on that basis is moot (irrelevant); 2) my “premature claim of use in … Read more
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GIRLBOSS’s attorney raises some interesting points to overcome USPTO’s initial “failure to function” refusal. I’m curious how USPTO will rule on this.
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Last updated on June 9th, 2020 Here’s a sickening tale of how one “IP entrepreneur” shamelessly used his “stealth” trademark as a cash cow until the Seventh Circuit Court stopped him. In a nutshell, the owner of the STEALTH trademark sued anyone under the sun for the rights to use the term on their products, … Read more
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Last updated on June 9th, 2020 It’s not uncommon for creatives to wrongly assume they invented or coined their artistic expressions. For example, a certain rock star wanted to register this hand gesture. (I’ll bet you already know in American Sign Language it’s called “ILY” and means “I love you.”) The rocker apparently doesn’t know … Read more
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This Stanford Law Review article provides examples to help creatives understand why a Likelihood of Confusion refusal may stop their trademark application from being registered.