SUPER BABIES vs. Other SUPER Trademarks

When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this … Read more

Trademarks and Sports: Yes, No, Maybe So?

Can trademarks and sports mix? To address this question, I wanted to dive in with several case studies: Of course, this Cheesehead cannot help but talk about the Green Bay Packers! The Packers’ notable trademark is it’s original one where it claims the services of “entertainment services in the form of professional football games and … Read more

First to Use or First to File?

We are a “first to use” jurisdiction for trademarks in the United States. That means, if you are the first to use a trademark in multi-state commerce you have “priority” over those who use the same trademark after you, and are the rightful owner of the mark. However, we also have a trademark filing system … Read more

Print Your Own: Electronic Trademark Registration Certificates from the USPTO

Big announcement! The United States Patent and Trademark Office (“USPTO“) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you?: If you apply for a new trademark, the USPTO will provide your registration certificate digitally, rather than on paper, when the mark registers. However, if … Read more

Scam Alert. Again.

We previously warned you about some USPTO scams. Well, someone looked at those scammers and said, “What a great idea! I’ll do that for new companies who just formed!” In other words, jerks multiplied like bunnies on Viagra. And so I’d like to introduce you to the newest scam: The Certificate of Service Scam.  It … Read more

Just Following (Madrid) Protocol

As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more

Specimens: The Trademark Kind

Are you thinking about registering a trademark with the United States Patent and Trademark Office (the “USPTO”)? Registering a trademark can be a very smart and effective decision for your business, but it isn’t quite as simple as you might think it is. To register a trademark you need to provide a considerable amount of … Read more

Leave the Terror Behind with an Incontestable Trademark!

With Halloween approaching there are more scary things than usual sending chills down my spine. Some of these things are fun-scary, like playing spooky pranks on friends, covering my eyes for most of a horror flick, or taking witching hour strolls through poorly lit cemeteries. Then there are things like the current economic crisis sending … Read more