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…
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. I am beyond ecstatic!…
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…
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:…
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…
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.
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.
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…
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.
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…
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.
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 the ILY symbol. I am not…
Frivolous trademarks are applications or registrations which may be used to control the use of phrases and bully the competition.
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…
Frivolous trademarks are applications or registrations which may be used to control the use of phrases and bully the competition.
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…
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.
Trademark trolling means using one’s trademark registration to limit competition. Not all frivolous trademark owners are trademark trolls.
To clean up the frivolous trademark mess at Amazon and Etsy, we need to start with a basic understanding of trademarks and copyrights.
It’s time for Merch and Etsy sellers to own the mess caused by questionable trademarks. Building a real business comes with real responsibilities.
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…
Here are 10 facts every entrepreneur should know about the Letter of Protest system and the fight against questionable trademarks.
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.
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.
Alone, we can do so little; together, we can do so much. Helen Keller About a year into my “fighting frivolous trademarks” journey, I left the group I’d joined to…
It’s time for Merch and Etsy sellers to own the mess caused by frivolous trademarks. Building a real business comes with real responsibilities.
To clean up the frivolous trademark mess at Amazon and Etsy, we need to start with a basic understanding of trademarks and copyrights.
Trademark trolling means using one’s trademark registration to limit competition. Not all frivolous trademark owners are trademark trolls.
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.
Here are 10 facts every entrepreneur should know about the Letter of Protest system and the fight against frivolous trademarks.
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.
Protest Potential: How to Judge the Potential Success of a Letter of Protest
Here are the guidelines I use and recommend when deciding whether it’s worth my time to file a Letter of Protest against a frivolous trademark.
Trademark Failure to Function Example: Widespread Use (#MAGICNUMBER108)
Love it! Here’s a great example of a term’s failure to function without widespread use on goods. This is a big deal, because in the Merch By Amazon fight against…
Protest Potential: how to judge the potential success of a Letter of Protest
Here are the guidelines I use and recommend when deciding whether it’s worth my time to file a Letter of Protest against a frivolous trademark.
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.
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…
USPTO apparently audits registrations! The screenshot is hard to read, so here’s what it says: The USPTO is performing random audits of US trademark registrations to assess and promote the…
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…
Discover two reasons the eight varieties of LIFEGUARD trademarks should all be canceled.
Read I believe the eight varieties of LIFEGUARD trademarks should all be canceled.
“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…
“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…
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? …
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.
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.
This post links to an example Letter of Protest against a Bible verse trademark application, and explains why I filed it.
Trademark Letter of Protest Challenges: Grandma Definition’s Failure to Function
Hey, class, let’s pretend we’re filing a Letter of Protest for a phrase that fails to function! “SAY WHAAAA???!!!” Relax, sweetie, this won’t hurt, I promise. Let’s back up and…
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…
Here’s my copy of USPTO’s supplemental trademark examination guide: Examination Guide 2-17 Merely Informational Matter July 2017.
Do you remove active hyperlinks from PDFs before you upload USPTO Letter of Protest evidence? You should! Here’s how to do it.