Trademarks for Entrepreneurs

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Trademarks

Trademark Failure to Function by Dr. Roberts

Yippee! Tonight the boys brought this in the mail… my long-awaited copy of Dr. Alexandra Roberts’ Trademark Failure to Function article for the Iowa Law Review. Here’s a link to…

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…

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…

define: Frivolous Trademark

Frivolous trademarks are applications or registrations which may be used to control the use of phrases and bully the competition.

Trademark Bully Example: Stealth Troll

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…

Link: Search the Trademark Official Gazette

Here’s the link to search the Trademark Official Gazette. Use it to check trademark applications that have been recently published for opposition. I’ll show you how to search and review new applications in a separate post.

Fighting Frivolous Trademarks Groups

Alone, we can do so little; together, we can do so much. Helen Keller About a year into my “fighting questionable trademarks” journey, I left the group I’d joined to…

define: Trademark Trolling

Trademark trolling means using one’s trademark registration to limit competition. Not all frivolous trademark owners are trademark trolls.

Why So Many Frivolous Trademarks?

USPTO expects you to let them know if a registration will negatively impact your business. That’s why the Letter of Protest system is free.

Girlboss Update

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.

Trademark Letter of Protest Evidence Checklist

This post contains “best practice guidelines” for submitting a trademark Letter of Protest to support a refusal. Pat Protester worked directly with USPTO to develop the trademark Letter of Protest…

Make America Gullible Again

“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…

Link: Trademark Letter of Protest

Letter of Protest Form – USPTO’s form to protest trademark applications that should not register. To properly complete the form, review my Letter of Protest posts and/or join a group.

The Why and How of Frivolous Trademarks

What’s behind the rise in trademark applications? Some blame China, but I think there’s more to it. And why and how are so many questionable trademarks registered? At the heart…

TPAC

This is my placeholder post for linking to a formatted PDF of the letter I’m sending USPTO to oppose the Letter of Protest fees. If it’s still looking like this…

Ouch! What Mugpreneurs Don’t Know

Last week I went to a webinar on how to become a “mugpreneur” — it was great at casting vision and showing the possibilities of print on demand. What it…

Who’s Pat Protester?

Pat Protester represents a real person, but not often the same person, who filed a trademark Letter of Protest.

Trademark Resources and Links

Here’s my collection of essential links for creatives. Learn the basics of IP in an afternoon and about the trademark Letter of Protest.

Best Trademark Letter of Protest Samples

Here are two lists of trademark applications to use for viewing trademark Letter of Protest samples. Each of these applications was refused for registration after somebody as smart as YOU submitted a trademark Letter of Protest

The Trademark Canary – Most Popular Posts

Are you an Amazon or Etsy seller frustrated by trademark bullies and bogus IP infringement claims? Are you an entrepreneur or legal assistant looking for trademark Letter of Protest samples? I made this list for you!

How to Respond to Trademark Bullies

A revamped version of a post from 2018. IP Infringement Claim Response  Have you received an email from the owner of a registered trademark telling you to remove your design? …