News2018-10-26T13:54:03+00:00

Double Doink Trademark Application

Double Doink Trademark Application 2018 brought us the “Philly Special” and "Philly Dilly". This year, Philadelphia Eagles’ fans celebrated the “Double Doink” - the failed field goal attempt by Chicago Bears kicker Cody Parkey that allowed the Eagles to continue into the playoffs. Soon after, the season ended for the Eagles after losing to the New Orleans Saints on January 13, 2019 but the “Double Doink” lives on.  About the DOUBLE DOINK Trademark Application An application was filed to register DOUBLE DOINK as a trademark on January 8, 2019, just two days after the infamous playoff game.  Myron Thews of Wisconsin applied to register DOUBLE DOINK with the United States Patent and Trademark Office (USPTO) for use in “online, and clothing, novelty items".  Prior to the filing date of the application, the phrase DOUBLE DOINK dominated social media and made its [...]

By |February 4th, 2019|

PSU Trademark Interview

Attorney Riddle Interviewed by CBS 10 WTAJ About PSU’s Trademark Application for HAPPY VALLEY Attorney Riddle, Owner of EsquireTrademarks.com, was recently interviewed by WTAJ’s Evan Hinkley, on whether or not Penn State University will be able to trademark “Happy Valley” on shirts and hats. Penn State University is applying for a principal trademark, but will most likely be granted the “lesser” supplemental register. Attorney Riddle says, “Supplemental or not, they're gonna say: Just because the government says we're supplemental doesn't mean anything.... we still own trademark rights.” Attorney Riddle goes into more detail about this topic in his article Three Reasons Why Penn State Can’t Trademark Happy Valley. Attorney Riddle also mentions the limitations of trademarks on the supplemental register. He says, "The number one thing is that it requires more effort to prove in court that you own rights.... [...]

By |January 7th, 2019|

Three Reasons Why Penn State Can’t Trademark Happy Valley

Penn State's HAPPY VALLEY Trademark Should Be Denied The Pennsylvania State University filed Trademark Application 88216706 on December 4, 2018, to register HAPPY VALLEY for use on headwear, shirts, and sweatshirts.  The United States Patent and Trademark Office (USPTO) has accepted the application, but it still needs to be examined by an attorney.   Although Penn State will likely get the trademark registration for HAPPY VALLEY, I believe it will be rejected for being geographically descriptive. Penn State will overcome the rejection by amending the mark to the Supplemental Trademark Register, which carries with it very little weight in court proceedings. Below are the top 3 reasons why Penn State can’t (...shouldn’t be able to...) trademark the HAPPY VALLEY name. “Happy Valley” is a nickname for the State College borough and the townships of College, Harris, Patton, and Ferguson, in Centre [...]

By |January 4th, 2019|

What is Intent to Use (ITU) Trademark Application?

What is Intent to Use (ITU) Trademark Application? The Intent to Use (ITU) Trademark Application is an application that can be filed to reserve rights in a trademark prior to its actual use in commerce.  You should consider filing an ITU Trademark application if you have already found the perfect name for your business or product, and you’re eager to mark your territory before the official launch. Main Points: An Intent to Use Trademark Application is filed to Reserve Rights to a Trademark, and it is filed Before the Trademark is Used on the intended Goods or Services A Statement of Use is Required in order complete the application process and obtain the trademark registration.  A Statement of Use is a submission of verified proof that you are using the trademark on the goods or services listed in the trademark application.  A [...]

By |January 2nd, 2019|

Christmas Trademarks

Merry Christmas and Happy Holidays from EsquireTrademarks.com! Christmas Trademarks It’s the most wonderful time of the year!  There are numerous retailers, activities, and events that help us celebrate the holiday season.  We’ve already discussed our favorite Halloween and Thanksgiving Trademarks,  so now we are featuring our favorite Christmas trademarks that are registered with the USPTO. Hallmark Gold Crown Hallmark is a one-stop shop for classic seasonal gifts.  Christmas shopping can be very overwhelming, but Hallmark has something for everyone on your list.  Hallmark Gold Crown was registered as a trademark on September 15, 2009, as retail store services featuring greeting cards, gifts, and collectibles. The mark consists of the word “Hallmark” in script under an open Crown Design and over the words “Gold Crown” in uppercase block letters. Starbucks [...]

By |December 21st, 2018|

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|