News 2018-10-26T13:54:03+00:00

How to Name Your Business – The Stylistic Approach

How to Name Your Business – The Stylistic Approach When deciding how to name your business or product,  the first motivation is to choose a good name. You want a catchy name . . . a memorable name . . . a name that identifies with the core message of your business. Selecting a company name or product name for trademark use involves balancing this stylistic process with laws and rules for trademarking a name.  You can visit my other article for a discussion of the Strategies to Consider when Choosing a Name for Trademark Use.  But here, I want to discuss what I call the Stylistic Approach to Selecting a Business Name or Product Name. In my long experience as a trademark attorney and business owner, the following steps helped me develop ideas for choosing trademarks, company names, [...]

By | December 4th, 2018|

Top 5 Free Business Name Generators

Top 5 Business Name Generators One of the most difficult tasks of starting a business is choosing the company name.  Not only do you need to come up with a creative and catchy name, you need to consider the legal formalities of naming your business, and make sure there is a corresponding domain name available to use.  We’ve compiled a list of Five Free Business Name Generators that will help you choose a name that satisfies both the stylistic and legal requirements. 1. Shopify.com Shopify offers a free business name generator tool.  Get thousands of company and domain name suggestions by entering your keyword(s) into the name generator.  From here, you have the option to enter your email address and reserve your chosen name on Shopify. 2. Name Mesh Name Mesh [...]

By | November 26th, 2018|

Popular Thanksgiving Brands

Popular Thanksgiving Brands Celebrate Thanksgiving with Esquiretrademarks.com by honoring popular Thanksgiving brands!  Many long-standing traditions surrounding this holiday involve brands that are registered trademarks with the USPTO. Macy's Thanksgiving Day Parade® Thanksgiving 2018 takes place on Thursday, November 22.  That morning, more than 50 million people will wake up and tune in to the MACY’S THANKSGIVING DAY PARADE.  The streets of NYC will be lined with spectators as balloons, floats, and live performers pass by.  2018 is the 94th year of the Macy’s Thanksgiving Day parade, but the name was actually registered as a trademark on December 1, 1998.  MACY’S THANKSGIVING DAY PARADE is registered for use in “entertainment services, namely organizing and conducting a parade.” BUTTERBALL® Turkey While the Macy’s Thanksgiving Day Parade is happening, you might begin prepping and cooking your BUTTERBALL [...]

By | November 21st, 2018|

BLACK FRIDAY Trademark Registration

BLACK FRIDAY has been registered as a trademark with the USPTO for use in Advertising & Marketing services. BLACK FRIDAY - Trademark Registration Details Black Friday has been registered as a trademark to be used in Advertising and Marketing services such as social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, and other forms of sharable or viral communications channels. Also, Advertising and Promotion services of the goods and services through print, audio, video, digital, and on-line medium. Find out more information about the Trademark Application timeline and process here.  About Black Friday Black Friday is a term used to describe the busiest shopping day of the year in the United States, and the unofficial beginning of the Christmas shopping season.  On the Friday after Thanksgiving, shoppers jumpstart their Holiday weekend with most major retailers open [...]

By | November 19th, 2018|

PHILADELPHIA Cream Cheese – Geographically Descriptive Trademark Registrable With Secondary Meaning

Example of a Geographically Descriptive Trademark That Has Gained Secondary Meaning The examples listed in What is the Trademark Supplemental Register inherently fail to identify a brand (business of origin), but rather identify a location of origin.   The Trademark Act rarely grants monopolies for geographic terms.   The exception is when the name acquires secondary meaning.  That is, when the public readily associates the name with a brand, rather than the location.  PHILADELPHIA Cream Cheese is such an example of a geographically descriptive trademark that has become distinctive through secondary meaning.  In this case, the secondary meaning results from long and widespread use.  The PHILADELPHIA trademark became a household name that identifies a particular source of cream cheese. PHILADELPHIA Cream Cheese Is an Example of a Geographically Descriptive Trademark That Has Gained Secondary Meaning. A great example of a Supplemental Register mark on the Principal Register is PHILADELPHIA [...]

By | November 6th, 2018|

Trademark Symbol – ™ vs. ®

Trademark Symbol - ™ vs ® Trademark (™) The Trademark symbol (™), often used on logos, names, phrases, or words, is used proactively by companies to indicate the mark is their exclusive property.  The ™ symbol has no legal meaning, but can be used on unregistered marks as a “no trespassing” sign. If you are using ™ , the trademarks is most likely not registered.  As such, your rights to enforce an unregistered trademark would stem from common law … which may (or may not) apply depending on whether the mark is proven to be protectable, and proven that you are the owner.   With an unregistered trademark, the burden is on the owner to prove it owns common law rights (ownership and protectability) in the trademark.  With a registered trademark the court can presume that you are the owner and that [...]

By | November 5th, 2018|

Philadelphia Haunted House Halloween Trademarks

Philadelphia Haunted House Halloween Trademarks Philadelphia is home to a number of the most top-rated haunted attractions in the country.  The city's rich history provides the perfect setting for ghost tours, hayrides, and terrifying haunted houses.  In the spirit of Halloween, we're highlighting Philadelphia Haunted House Halloween Trademarks.  Eastern State Penitentiary - 2027 Fairmount Ave, Philadelphia, PA 19130 On October 26, 2010, Eastern State Penitentiary was registered as a trademark for use in Museums by the Eastern State Penitentiary Historic Site, Inc.  The description of the mark "consists of the words "Eastern" and "State" in line above the word "Penitentiary" in a distressed font consisting of large and small capital letters." The Eastern State Penitentiary is a historic prison that hosts Terror Behind the Walls.  Hollywood-quality special effects, custom props, and hundreds of live performers are strategically placed throughout the 11-acre complex to [...]

By | October 30th, 2018|

Responding to a Final Office Action

What Is a Final Office Action? A Final Office Action is an official letter issued by the United States Patent and Trademark Office (“USPTO”).  A Final Office Action issues when the applicant has filed response to a first office action, but did not resolve the original grounds for rejection.  In this Final Office Action letter, an Examining Attorney lists any remaining legal issues with your trademark application. Once a Final Office Action is sent, the applicant has six months to convince the Examining Attorney to withdraw his/her rejection and also resolve any outstanding formalities.  This is the applicant’s last chance to file a response. The trademark application will go abandoned at the end of the six-month response period. A Final Office Action Issues When the Original Grounds for Rejection Were Not Addressed For there to be a final office action, [...]

By | October 24th, 2018|

Four Key Legal Considerations When Naming Your Business

Naming Your Business - Protect Your Brand Choosing the right name for your business can determine your success.  A powerful name can create outstanding marketing and branding opportunities.  However, choosing a name that is already taken – or choosing a name you can’t protect – can result in negative publicity and legal issues for your business.  It is crucial to take the time to research and understand the legalities associated with naming your business. Here’s a list of the top 4 legal considerations when naming your business: 1. Pick a unique name.  Avoid descriptive wording.  Search for similar trademarks in your field - avoid them. 2. Register the trademark in the countries you sell.  Copyright your brand imagery - your logo.  (Belt and suspenders) 3. Police and Enforce your trademark rights.  Use TM, SM, or ® where appropriate.  Publish a [...]

By | October 24th, 2018|

10 Strategies to Consider When Choosing a Company Name for Trademark Use

Choosing a Company Name Is Hard Work Trademark law is a maze of rules that dictate whether you can own exclusive rights to a company name or brand.  Choosing a company name for trademark use involves balancing a stylistic process with a system of trademark rules.  When you work through the stylistic process of choosing a brand, you want to keep the trademarking rules in mind.  This way, you can choose a stylistic company name that is also protectable under the trademark laws. In my 18 years of practice as a trademark attorney, I’ve had countless opportunities to see this balancing act play out in real life. Here’s a list of the top 10 considerations when choosing a company name for trademark use: 1. Pick a trademark that is not confusingly similar with an already existing brand – especially where the [...]

By | October 17th, 2018|