Trademark System Bias


Welcome to a series about the threat and impact of questionable trademarks.
Scroll to the bottom for an ordered list of posts, or go to the Index.

TM System Bias, Part 07c: Letters of Protest Results

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

The Letter of Protest is an imperfect, much-maligned, yet incredibly useful procedure. Here’s proof that protests are key to valid trademark registrations.

TM System Bias, Part 07b: Why Attorneys Oppose Letters of Protest

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

In this post, you’ll learn how why some attorneys don’t like the Letter of Protest procedure and why arguments against keeping it free are flawed.

TM System Bias, Part 05g: Attorneys are Human Too!

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

Trademark attorneys are just as likely as creatives to apply for unregistrable trademarks. USPTO is duty-bound to issue valid registrations.

TM System Bias, Part 05f: Make Trademarks Great Again

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

Here are thirty-three “Make America” phrases that are registered trademarks for clothing. Let’s make trademarks mean “source indicator” again.

TM System Bias, Part 06a: USPTO’s POD Challenges

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

This post is one of three that discuss the trademark system’s bias toward faulty registrations and steps USPTO has taken to reduce it.

TM System Bias, Part 05e: KEEP CALM & Consider Slogans

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

In this post, you’ll learn how the novelty industry spawns so many questionable and even faulty trademark registrations.

TM System Bias, Part 05d: Case Study: Life Is Good

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

This post uses the LIFE IS GOOD trademark as a case study to demonstrate how myopic refusals unintentionally strengthen weak trademarks.

TM System Bias, Part 05c: PTO’s Ornamental Advice

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

This post explains how USPTO helps creatives register questionable trademarks by teaching them how to overcome an ornamental refusal.

TM System Bias, Part 05b: Ornamental Refusals

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

This post explains how savvy creatives and trademark attorneys easily overcome an ornamental refusal for questionable trademark applications.

TM System Bias, Part 04b: Online Biz and Amazon

Trademarks referenced by this series are included only to illustrate how Trademark System Bias affects outcomes. See more. All opinions are my own. I'm not an attorney and you're not my client. When relevant, posts are sponsored or contain affiliate links. More Legal

This post explains how Amazon’s IP policies, unlimited brand names, and brand registry program all motivate creatives to apply for questionable trademarks.