Castrating Pincers? There’s an ID for That!

One of the misconceptions about trademark applications is that you protect the name only. However, you’re also required to specify the goods/services that will be sold/provided under the mark. Broad descriptions like “lifestyle accessories” are not acceptable. Instead, the U.S. Patent and Trademark Office requires applicants to be specific. To assist with this process, the […]
Growing old with Weezer … and some stuff about trademarks

A long time ago, before kids entered into the equation, my wife and I were frequent concertgoers. We both worked in downtown Nashville, and we were within easy walking distance of several venues. One of the first after-work concerts we attended was Weezer’s show at Municipal Auditorium in 2002. We didn’t have time to change […]
Where You At? Geographic Descriptiveness in Trademarks

One common pitfall applicants face when it comes to trademarks is choosing marks that are deemed geographically descriptive. Though seemingly straightforward, this concept has significant legal implications, often serving as a barrier to trademark registration. So, what exactly is geographic descriptiveness in trademarks, and why does it matter? What is Geographic Descriptiveness? A trademark is […]
Trademarks, F@#K Yeah!

Once upon a time, in the olden days, the U.S. Patent and Trademark Office wouldn’t let applicants register trademarks for expletives. It was considered immoral and scandalous under the Lanham (Trademark) Act. This was challenged by Erik Brunetti, an artist and designer who had been trying to register the word FUCT for clothing. And guess […]
Meghan Markle Royally Screws up Trademark Application

Meghan Markle’s recent efforts to launch a new lifestyle brand under the name “American Riviera Orchard” have hit a procedural snag. Earlier this year, her company, Mama Knows Best, LLC, filed a trademark application with the United States Patent and Trademark Office (USPTO) to protect the brand name for a variety of products, including kitchenware, drinkware, and […]
Political Trademarks: The Consent Requirement You Can’t Ignore

The presidential campaign is heating up, and so is the number of political trademark applications being filed. Recently, several trademark applications related to Kamala Harris and Donald Trump have been submitted, including: Not surprisingly, the candidates did not authorize these applications. So what will happen to them? The USPTO will issue letters called “Office Actions” […]
What’s That Smell? Crayola Registers a Trademark for the Smell of its Crayons.

In today’s competitive marketplace, brands are constantly seeking new ways to stand out and connect with consumers on a deeper level. While traditional trademarks—such as logos, names, and slogans—remain powerful tools for brand protection, the rise of sensory trademarks marks a significant evolution in the world of intellectual property. Sensory trademarks go beyond the visual […]
How Cost-Conscious Online Sellers Can Save Money on USPTO Filing Fees

If you’re an online seller, finding ways to save on expenses can boost your bottom line. When it comes to trademark applications, the way you file with the U.S. Patent and Trademark Office (USPTO) could significantly impact how much you pay in filing fees. With a bit of planning, you can simplify the process and […]
OpenAl Dukes it Out with the USPTO over the CHATGPT Trademark

ChatGPT is one of the most popular AI chatbots in the world. However, the U.S. Patent and Trademark Office is unimpressed. In 2022, ChatGPT’s supreme overlord owner, OpenAI, filed an application to register CHATGPT as a trademark for downloadable and online software. The USPTO rejects applications for registration on the Principal Register if they are […]
Trademarks in the News: Cardi B and a Trademark Attorney Make Money Moves

Cardi B Files Trademark Applications for INTRUSIVE THOUGHTS and DEFAMATION OF CHARACTER Cardi B, known for her chart-topping hits and savvy “money moves,” is again making headlines—this time in the trademark world. The Grammy-winning artist recently took steps to secure her latest creative endeavors by filing trademark applications for INTRUSIVE THOUGHTS and ‘DEFAMATION OF CHARACTER related […]