#USPTO

Office Action response dates are now 3 months shorter

David Baker

Oct 20, 2022
2 min

Office Action response dates are now 3 months shorter

In a move that surprised no one but finally acknowledges the widespread use of the Internet for trademark filings, the United States Patent & Trademark Office (the "PTO") has announced a substantial change in timing rules that will be implemented beginning December 3, 2022. Instead of the six months allowed under the current rules, applicants will now have three months to respond to an office action issued during examination, with a possible extension of an additional three m

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Tempest in a tea pot or Blizzard in a Dairy Queen?

David Baker

Jul 7, 2022
2 min

Tempest in a tea pot or Blizzard in a Dairy Queen?

Late last month, a federal court ruled that Dairy Queen cannot stop W.B. Mason Co from selling "Blizzard" bottled spring water even though Blizzard is also the name of a popular treat sold by the nationwide ice cream and burger joint. It certainly helps that W.B. Mason, an office products distributor with a considerable business presence in the Midwest and along the Eastern Seaboard, doesn’t sell ice cream treats. Or hamburgers and fries. It sells paper products. However, W.B

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THE U.S.P.T.O. fumbles THE ruling on THE Ohio State University trademark

David Baker

Jul 2, 2022
3 min

THE U.S.P.T.O. fumbles THE ruling on THE Ohio State University trademark

While most of us were distracted by the U.S. Supreme Court making some questionable rulings on states’ rights regarding restrictions on the possession of firearms in public and allowing women the right to get abortions without restrictions, the U.S. Patent and Trademark Office made a very strange ruling. It granted a request by The Ohio State University to grant it exclusive rights to the use of the word “THE” as a trademark. Yes, you read that right. The P.T.O. granted The O

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David Baker

Jul 1, 2022
6 min

Very Nice. Trademark Classifications

The Nice International Classification System is a critical requirement for every trademark registration. When a trademark owner applies for registration of a trademark with the U.S. Patent and Trademark Office, the owner must designate at least one of 45 different classes of goods or services identified with the mark being registered. Known as “Nice Classifications” or “International Classes,” these classes of goods and services are based on the Nice (France) International Cl

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Selecting a Strong Trademark – 10 Simple Rules

David Baker

Jun 1, 2022
3 min

Selecting a Strong Trademark – 10 Simple Rules

The best way to avoid future problems with your brand is to select a strong brand from the outset. Doing so properly has the added benefit of increasing the value of your brand, especially when you properly use the trademark and enforce it against infringers. Not all words or names can be protected as trademarks. For example, no one business can claim exclusive rights in generic terms because every business owner in the same industry needs to be able to use them to identify t

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U-Boat Commander Name Dropped as WWE Trademark

David Baker

Jan 21, 2022
2 min

U-Boat Commander Name Dropped as WWE Trademark

As reported by Bleeding Cool and several other media outlets, the WWE (World Wrestling Entertainment, Inc., for the uninitiated) has apparently come to its senses and decided to drop its application for registration of GUNTHER STARK as a federal trademark. The WWE had filed a registration for Austrian-born wrestler Walter Hahn who later changed his name to Walter Stark and recently began calling himself Walter Stark in (and out of) the ring. The real Gunther Stark was a well

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Peloton unhappy about SPINNING trademark

David Baker

Mar 27, 2021
1 min

Peloton unhappy about SPINNING trademark

Exercise bike manufacturer, Peloton, has filed petitions with the USPTO’s Trademark Trial and Appeal Board to cancel Mad Dogg Athletics’ registrations for the SPIN and SPINNING trademarks. #Peloton #Exercise #Biking #Gym #Spin #Spinning #USPTO #TTAB #Trademarks #Branding #IntellectualProperty #IPlawyer #OCLawyer #DavidBaker

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David Baker

Mar 4, 2021
1 min

“Ruh-roh, Reorge!”

It has been nearly 60 years since The Jetsons cartoon arrived on American televisions, but a recent USPTO trademark application filed by Astro Biosciences has elicited a trademark opposition from Hanna Barbera Productions, the cartoon’s producer, for the trademark “Astro Dog.” What product does Astro Biosciences make? Dog treats, of course. #TheJetsons #HannaBarbera #AstroBiosciences #USPTO #trademarks #trademarklaw #intellectualproperty #intellectualpropertylaw #DavidBaker #

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David Baker

Feb 25, 2021
1 min

IP Update - February 2021 Edition

“But he who dares not grasp the thorn. Should never crave the rose.” ― Anne Bronte Did you watch the Big Game? Kinda boring, wasn’t it? Even the commercials and halftime show seemed flat to me. Maybe it was the small COVID crowd or the fact that we were still under quarantine in California, but it just didn’t feel the same. Likewise, the end of the College football season didn’t seem the same either. Other than Alabama winning the National Championship, of course. That seems

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David Baker

Feb 11, 2021
1 min

Amusement Park Sues Singer

Evermore Park, a small amusement park in Utah, has filed suit against Taylor Swift and her management company alleging that the naming of her most recent album Evermore (and the sale of related merchandise) constitutes trademark infringement. Why an obscure amusement park would complain of being linked to an international recording star remains unclear. #Evermore #EvermorePark #TaylorSwift #trademarks #copyrights #intellectualproperty #FederalCourt #USPTO #intellectualpropert

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Did you miss an issue of IP Update? You're in luck. Here's a copy of the January 2021 edition.

David Baker

Feb 11, 2021
1 min

Did you miss an issue of IP Update? You're in luck. Here's a copy of the January 2021 edition.

So, the first week of January really happened, didn’t it? And, if you were paying attention to the unrelenting media coverage from our nation’s capital, you probably noticed several of your fellow citizens sporting stylish t-shirts, baseball caps, and even morale patches (those Velcro® backed symbols originally used by the military) with a stylized skull on them as they helped themselves to unguided tours of the Capital Building. In this month’s IP Update, we explain where th

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The “Grand Daddy of Them All” Trademark Lawsuit

David Baker

Feb 3, 2021
2 min

The “Grand Daddy of Them All” Trademark Lawsuit

Capping the weird 2020-2021 NCAA football season, the Alabama Crimson Tide beat the Ohio State Buckeyes 52-24 in the College Football National Championship Game last month. The Championship was played at the Orange Bowl venue, but the Orange Bowl® football game had already been played nine days earlier between Texas A&M and North Carolina. Adding to the confusion, Alabama had already played in the Rose Bowl® football game on January 1, beating Notre Dame 31 to 14, but that ga

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David Baker

Jan 28, 2021
2 min

IP Update - January 2021 Edition

"In the long-run, every government is the exact symbol of its people, with their wisdom and unwisdom; we have to say, Like People like Government." - Thomas Carlyle So, the first week of January really happened, didn’t it? And, if you were paying attention to the unrelenting media coverage from our nation’s capital, you probably noticed several of your fellow citizens sporting stylish t-shirts, baseball caps, and even morale patches (those Velcro® backed symbols originally us

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David Baker

Jan 5, 2021
1 min

Trademark Fees Are on the Rise in 2021

Despite having to deal with Covid-19 challenges in 2020, U.S. business will now have to contend with another challenge, higher trademark registration fees in 2021. The USPTO has announced increased fees of as much as $150 beginning January 2, 2021. If you hurry, you still have a few days to file in 2020. #USPTO #trademarks #trademarkfees #intellectualproperty #DavidBaker #IPLawyer #OCLawyer #BusinessLawyer #IPUpdate

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David Baker

Dec 22, 2020
2 min

IP Update - December 2020 Edition

“Outside of a dog, a book is man's best friend. Inside of a dog it's too dark to read.” - Groucho Marx How long does a trademark last? It lasts as long as it serves the purpose of identifying the source of goods or services. And this is no less true for a popular cartoon character that debuted in 1962. The Jetsons is an animated sitcom produced by Hanna-Barbera that originally aired in primetime on American television from 1962–1963. It featured a space age family of the same

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Penn State Fights to Preserve Its Trademarks

David Baker

Jan 30, 2020
1 min

Penn State Fights to Preserve Its Trademarks

Last summer, Penn State University filed suit against (now) 80-year-old Paul L. Parshall of Naples, Florida, who has suffered two strokes and does not travel, but who has been using the trademarks "PENN STATE" and "NITTANY" in relation to selling beer and cigars (among other things). The problem? He doesn't have a license or an permission from the university to do so. In a joint report filed with the District Court last week, the university contends “Parshall’s infringement

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David Baker

Jan 28, 2020
1 min

Sony Registers PS5 Trademark

With little fanfare and no official announcement, Sony has taken a big step towards the anticipated release of the next edition of its wildly popular gaming system, the PlayStation 5, by applying for registration of the “PS5” trademark. The PlayStation 5 is expected to be released later this year, most likely in the fall (and just in time for the holiday buying season), but Sony has been tight lipped about new features and game titles. However, if there was a surprise about t

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