News 2018-02-24T01:12:51+00:00

Trademark Application Filed for Philadelphia’s “Trust the Process”

Trademark Application Filed for Locally Praised Mantra "Trust the Process" In the midst of Philadelphia’s most successful year for professional sports, the nationally recognized and locally praised mantra Trust the Process was applied for as a trademark with the United States Patent and Trademark Office (USPTO).  On May 8, 2018, an Intent-to-Use trademark application was filed by applicant Michael Curry for “Trust the Process” used with Sports Camp and Entertainment Services Featuring Appearances by Sports Celebrities.  The Origin of “Trust the Process” The evolution of the phrase began in 2013, when the former General Manager of the Philadelphia 76ers, Sam Hinkie, emphasized the importance of minor victories and patience during the team’s rebuilding period. It wasn’t until 2015 that the phrase surfaced, spreading rapidly through the NBA and following the Sixers’ success as they made it to the second round of playoffs in 2018. Will the Trademark Register? The trademark application will be examined 4-6 months from the filing date.  If no-one previously registered a similar mark for similar services, the application will be published for opposition by third parties.  Then, if no-one opposes the application, the applicant must [...]

By | July 10th, 2018|

The Trademark Process – Trademark Application Process and Timeline

What Is the Trademark Process and Timeline for Your Trademark Application? The trademark process and timeline described below sets out the procedure once the application is filed. Before the application is prepared and filed, we interview and consult with you.  We discuss the various options, risks, and benefits that are presented with your trademark situation.  We provide  you with guidance and feedback regarding your trademark.  We endeavor to provide you with a full and clear picture of what you can expect in the trademark process.  With 18 years experience in trademark law and litigation, we can anticipate most issues and craft the trademark application in a way that avoids most rejections and refusals. Once Your Trademark Application Is Filed, the entire trademark process takes 6-8 months.  Office actions and third party oppositions can extend this timeline significantly.  We keep you informed of the developments regarding your trademark application as it moves through the process.  Below are the various steps involved in the trademark process. The Trademark Office Provides a Filing Receipt Once the Trademark Application Is Filed At this point, you will receive a letter and filing receipt from [...]

By | May 21st, 2018|

PHILLY DILLY Trademark Likely to Register With U.S. Trademark Office

PHILLY DILLY Trademark Application Likely to Register in Apparel Category In December 2017, an Arizona based corporate entity named Royal Palm Entertainment, LLC filed an Intent to Use Trademark Application with the United States Patent and Trademark Office (USPTO) for PHILLY DILLY in connection with Hats; Hoodies; and T-Shirts. On April 18, 2018, The USPTO sent out a Notice of Publication for the Philly Dilly Trademark Application. This means that the Philly Dilly Trademark Application will be published for opposition by third parties. If unopposed, Philly Dilly will be Granted Registration once a statement of use is timely filed by the applicant. The Philly Dilly Trademark Application has Been Allowed and will be Published for Opposition The Philly Dilly Trademark Application was allowed and will be published  for opposition in the USPTO's Trademark Official Gazette. All trademark applications filed with the USPTO are reviewed by Examining Attorneys. If an Examining Attorney finds the trademark application allowable, the proposed trademark will be published to allow for opposition by third parties.  The purpose of publication is to notify business owners about trademark applications that are about to register. The opposition process [...]

By | April 25th, 2018|

Amazon Brand Registry Trademark

Amazon now requires brands provide a Trademark Registration for enrollment into the Amazon Brand Registry. In order to enroll in the Amazon Brand Registry, the owner must have a registered trademark. The Amazon Brand Registry offers Brand Owners powerful tools for stopping piracy and infringement. They include “proprietary text and image search, predictive automation based on your reports of suspected intellectual property rights violations, and increased authority over product listings with your brand name.“ For more details on these tools, visit the Amazon Brand Registry Trademark Page. Register Your United States Trademark We are available to assist you in filing applications to register your trademark, service mark, logo, or packaging design. As a licensed attorney, I can answer your questions and help resolve any issues you may have about registering your brand. We can anticipate most rejections and address them before the application gets filed. Even if there are similar registered marks, we have various strategies at getting your trademark application allowed. We offer expedited trademarking services and can have your trademark application filed within a few hours. Please contact us to start the process. [...]

By | April 23rd, 2018|

What is the Trademark Supplemental Register?

What Is the Trademark Supplemental Register? If you are reading this, you likely have an office action rejecting your trademark under Section 2(e) of the Trademark Act for being merely descriptive or geographically descriptive. Or, you have a distinctiveness rejection for a shape, color, or trade dress mark.  One possible way around the rejection is to amend the trademark application to seek registration on the Supplemental Register.  Often, the trademark Examining Attorney will advise of the amendment.  Or, your trademark attorney suggested amending to the Supplemental Register.  Whatever the case, the Supplemental Register questions are inevitable.  Continue reading for a full explanation. Supplemental Register Is for Marks that Cannot Function as Brand Identifiers. There are two registers at the United States Trademark Office: The Principal Register and the Supplemental register.   The Supplemental Register is a secondary register, which allows for the registration of marks that are not capable of functioning as trademarks (standing alone), but may in the future (after years of use and public recognition) achieve trademark status.  In trademark legalese, the Secondary Register is for marks that are not inherently distinctive, and have not achieved secondary meaning. JERSEY blue [...]

By | March 12th, 2018|

What is a Trademark? – EsquireTrademarks.com – Online Trademark Guide

What is a Trademark? Can Anything Be a Trademark? A trademark is a brand identifier.  A trademark can be practically anything that is capable of identifying a source of goods.   For example, a trademark can be a word, logo or graphic design, a slogan.  A trademark can even be a sound, a color, or a scent.  Anything can be a trademark, as long as it can clearly identify a source or origin of goods. What Is a Service Mark? A service mark ℠ operates just like a trademark.  The main distinction is that a Service Mark is used to identify a brand or source of services.  Trademarks, on the other hand, identify a a brand or a source of goods.  In fact, most of the examples of Trademarks below are actually Service Marks.  Unless noted otherwise, trademark and service mark are used interchangeably. Examples of Different Types of Trademarks A Trademark Can Be a Word. . . . A Word Trademark - Also Known as a Name or Text Trademark - Is Trademark that Consists of Letters and Numbers.  Here are a few examples of words that [...]

By | March 11th, 2018|

How to Respond to Trademark Office Action – Prior-Filed Application Rejection

A Prior-Filed Application notice means that another pending trademark application is blocking yours.  Someone else filed an application before your application date, and the earlier application is similar enough to yours to be a grounds for rejection.  Trademark Office Action - Prior-Filed Application Rejection The typical Prior-Filed Application rejection language reads: A prior-filed pending application may present a bar to registration of applicant’s mark. The filing date of pending U.S. Application Serial No. 87524922 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application. In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later [...]

By | February 26th, 2018|

BIG DICK NICK Trademark Application Filed for T-Shirts: Will it register?

BIG DICK NICK Trademark Application Filed for T-Shirts Before the Philadelphia Eagles pulled off their underdog victory and quarterback Nick Foles became a Super Bowl MVP, two individuals in Atlanta decided to put their money on Nick Foles by filing a BIG DICK NICK trademark application.  The BIG DICK NICK TM application is here.  On Feb 4, 2018 (2 days before the Super Bowl), two individuals filed an intent to use trademark application for T-Shirts in connection with the phrase “BIG DICK NICK”.  For those who are unaware, the “Big Dick Nick” chant became a battle cry for many Eagles Fans throughout the Eagles playoff run. Disparaging, Immoral, or Scandalous Trademarks Were Once Prohibited If Nick Foles and the Eagles won the Superbowl® last year (in 2017), a BIG DICK NICK trademark would have been rejected as “immoral” or “scandalous”. Thanks to the United States Constitution, signed in Philly, that’s no longer the case. In December 2017, a Federal Court of Appeals declared that the Trademark Office can’t reject applications on immoral or scandalous grounds. Regulation of trademarks on such grounds violates free speech rights embodied in the First [...]

By | February 15th, 2018|

Philadelphia Online Copyright Attorney Obtained DMCA Subpoena to Identify Copyright Infringer

Attorney Riddle obtained a DMCA subpoena for his client after making the proof and declaration in the United States District Court in Philadelphia.  A review indicates that this type of DMCA subpoena is the first of its kind obtained in the Eastern District of Pennsylvania.  A DMCA Subpoena is used by attorneys to learn the identity of individuals or businesses involved in online copyright piracy.  The subpoenas are served upon internet service providers to obtain the identity of internet users. Philadelphia Online Copyright Attorney Obtained  DMCA Subpoena to Identify Copyright Infringer Philadelphia Online Copyright Attorney Charles Riddle obtained a 512(h) Digital Millennium Copyright Act (DMCA) subpoena on behalf of his client.  The 512(h) DMCA subpoena was directed at an internet service provider (ISP) in order to determined the identity of an anonymous website owner hosting unlicensed copyrighted videos on his/her website. Attorney Riddle received the DMCA subpoena for his client after  making the required declaration in the United States District Court in Philadelphia.  A review indicates that this type of DMCA subpoena is the first of its kind filed in the Eastern District of Pennsylvania. A 512(h) DMCA subpoena is a useful [...]

By | February 6th, 2018|

Philadelphia Copyright Attorneys at EsquireTrademarks.com Attended Discussion on Star Athletica v. Varsity Brands

December 7, 2017 - University City, Philadelphia Copyright Attorneys at EsquireTrademarks.com attended a Panel discussion at Penn Law entitled “Interpreting and Applying the Court’s Copyright Jurisprudence After Star Athletica”  The panel was presented by University of Pennsylvania Law Review, CTIC, Penn Intellectual Property Group, and the Copyright Society of the USA.  The purpose of the event was to celebrate the release of Law Review Online’s Special Issue—"From Shovels to Jerseys: A Guide to Apply Star Athletica v. Varsity Brands”.  The panel was moderated by David Nimmer and featured many of the authors who contributed to the Law Review Online’s Special Issue.  Specifically, the panel was comprised of Tyler T. Ochoa, Jeanne C. Fromer, Mark P. McKenna, and Peter S. Menell. What is the big deal about Star Athletica? Star Athletica is Supreme Court guidance that helps Courts and legal professionals (copyright attorneys) identify the outer boundaries of copyright law.  Useful articles are not protectable under copyright law - but ornamental aspects of useful articles are protectable. There exists a grey area where ornamental aspects and a useful articles overlap.  In Star Athletica, the fight was over cheerleading uniform designs.  One party argued that the cheerleading uniforms [...]

By | December 19th, 2017|