Trademark News

Photo of a puppy with a magnifying glass

Trademark Searching is Dead! Long Live Trademark Searching!

by Randy Michels September 22, 2023

After 23 years, the U.S. Patent and Trademark Office is retiring its trademark electronic search system. Or, in government speak, the USPTO is retiring TESS. Supposedly, the retirement is not voluntary. TESS relies on a backend system and programming language that will no longer be supported. I don’t know about [...]

Photo of Goo Goo Cluster store in Nashville

What a Cluster of a Trademark

by Randy Michels September 6, 2023

Trivia time! Can you name the first candy bar in the United States to feature a collection of ingredients? Hint: It's made here in Nashville. Give up? It's the Goo Goo Cluster. Recently, a friend celebrated his birthday by planning some "tourist in your own town" activities. This included taking [...]

an image of the FANTASY LIFE Trademark Registration

Come for the Trademark Advice. Stay for the Fantasy Football Sleepers.

by Kevin Hartley September 1, 2023

The week before the NFL season. That special time of year when friends (or frenemies) get together to build fake football teams for bragging rights. One of the keys to fantasy football success is being able to identify “sleepers.” Just don’t sleep on applying for trademark protection if you are [...]

Accelerate Your Trademark Protection With The Amazon Brand Registry

by Randy Michels August 23, 2023

In today's digital marketplace, brand owners must safeguard their intellectual property rights. If you sell or plan to sell products on Amazon, enrolling your trademark in the Amazon Brand Registry can be a game-changer. The Amazon Brand Registry helps brand owners protect their trademarks on Amazon. Enrollment gives brand owners [...]

Messi has Arrived in MLS, Expect More U.S. Trademark Applications to Follow

by Kevin Hartley August 18, 2023

On Saturday, Lionel Messi comes to our hometown for a showdown with Nashville SC for the Leagues Cup championship. Tickets to the match are . . . not inexpensive. Not surprisingly, Messi has taken the MLS by storm, scoring in every game since arriving in the league. Messi hasn’t just [...]

Marketing Masterpieces: How Renaissance Artists Pioneered Modern Marketing

by Randy Michels August 10, 2023

Ciao from Italy! I'm currently on a multi-generational family trip. So what does this have to do with trademarks? Well, during a visit to the Uffizi Gallery in Florence, I stumbled upon a fascinating connection between Renaissance artwork and early examples of advertising and marketing. Trademarks in Renaissance Art Italian [...]

X and The Risks of Rebranding

by Kevin Hartley August 4, 2023

Last week, Randy wrote about some lurking trademark issues that could await Elon Musk as he rebrands Twitter to X. Musk’s decision shines a spotlight on the risks associated with rebranding. Not only can rebranding lead to a potential dispute with another trademark owner, as Randy discussed, but it can [...]

Rebranding Spotlight: Transforming Twitter into X

by Randy Michels July 24, 2023

After I heard that Elon Musk would rebrand Twitter as X, I did what many nerdy trademark lawyers did: I checked the U.S. Patent and Trademark Office database for any recent X trademark filings by Twitter or X Corp. I didn't find any, which is not necessarily unusual. Sometimes multinational [...]

Taco John and Taco Bell Take the High Road so Everyone Can Celebrate TACO TUESDAY

by Kevin Hartley July 21, 2023

Last week, Randy wrote about the “spectrum of trademark distinctiveness” and how generic terms cannot be protected as trademarks. This week, Taco John made news when it agreed to abandon its trademark registration for TACO TUESDAY for restaurant services after a recent challenge by Taco Bell alleging that TACO TUESDAY [...]

Apple vs. APPLE – The Spectrum of Trademark Distinctiveness

by Randy Michels July 12, 2023

During a recent discussion with a non-lawyer about trademarks, I explained the so-called “spectrum of trademark distinctiveness” and used APPLE as an example of an arbitrary mark. The person responded, “Wait, you can trademark that?”. The question caught me off guard since I assumed everyone knew that APPLE was arguably [...]