Irrelevant Confusion: Case Studies of IP Infringement
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.
Month: August 2019
LOP Examples: Bible Verse
When filing a Letter of Protest against an application to register a Bible verse or other religious quotation as a trademark, here’s what you need to know: Legal Basis: Failure to Function – Religious Text See TMEP 1202.04(c) Evidence: It’s not enough to tell USPTO the verse reference. They need to SEE proof that the … Read more
LOP Examples: Class 035
As the Lord would have it, within a day or so of my conversation with Joe, my friend Rhonda shared with me FOUR new frivolous applications in IC 035 (online retail services) I could use to test out my understanding of Joe’s explanations. This is one of those four.
Who’s Joe?
The Letter of Protest resources available on this website were produced with extensive guidance from USPTO staff, especially that of an Attorney Advisor with more than 20 years experience. Previously I have referred to this individual online as “my friendly Attorney Advisor contact” or “my USPTO Attorney Advisor friend.” But these terms imply a relationship of … Read more
Trademark Letter of Protest Sample: Bible Verse
When filing a Letter of Protest against a trademark application to register a Bible verse or other religious quotation as a trademark, here’s what you need to know: Legal Basis: “Failure to Function – Religious Text, See TMEP 1202.04(c)” Evidence: It’s not enough to tell USPTO the verse reference. They need to SEE proof that … Read more
Can ASL Be Trademarked?
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 ASL and thought he came up … Read more
Irrelevant Confusion: Case Studies of IP Infringement
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.
Trademark Letter of Protest Examples: Mama Bear and Class 035 Evidence
As the Lord would have it, within a day or so of my conversation with Joe, my friend Rhonda shared with me FOUR new frivolous applications in IC 035 (online retail services) I could use to test out my understanding of Joe’s explanations. This is one of those four.
Who’s Joe?
The Letter of Protest resources available on this website were produced with extensive guidance from USPTO staff, especially that of an Attorney Advisor with more than 20 years experience. Previously I have referred to this individual online as “my friendly Attorney Advisor contact” or “my USPTO Attorney Advisor friend.” But these terms imply a relationship of … Read more