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|

Benefits of Trademark Registration

Benefits of Trademark Registration - Should You Register Your Mark? It’s a fundamental question in trademark law: What are the benefits of a registered trademark?  I must discuss this at least three times week with trademark clients.  In addition to providing a general sense of security, there are numerous benefits of trademark registration that will help protect your brand and business.  The purpose of this page is to identify some of the main benefits of federal trademark registration. A U.S. Trademark Registration Provides Nationwide Rights - All Fifty States and U.S. Territories In the United States, you are not legally required to register your mark.  Unregistered trademarks receive “common law” rights.  But, unregistered trademark rights only exist where the owner does business. A registered trademark provides nationwide rights in all fifty states and U.S. Territories such as Guam, Northern Mariana Islands, Puerto Rico, [...]

By |October 10th, 2018|

Harp & Crown Trademark Application Filed by Owner Michael Schulson

Harp & Crown Trademark Application Filed by Owner Michael Schulson Michael Schulson, Founder and CEO of Schulson Collective, filed a Harp & Crown trademark application to be used with bar and restaurant services. The trademark was registered on March 6, 2018. About Michael Schulson It is nearly impossible to stroll through Philadelphia’s Midtown Village without hearing or seeing something that has to do with Michael Schulson, one of the city’s most successful hospitality professionals. After graduating from the Culinary Institute of America, Schulson worked in upscale restaurants such as New York’s Peacock Alley at the Waldorf-Astoria Hotel and David Burke’s Park Avenue Café, and Philadelphia’s Le Bec-Fin and Susanna Foo. Schulson managed Buddakan in NYC and Pod in Philadelphia before travelling to Japan to pursue his passion for Asian cuisine. During this time he strengthened both his culinary skills and his ability to speak conversational [...]

By |October 4th, 2018|

PHILLY LOVES A WINNER Trademark Application Filed by SugarHouse Casino

PHILLY LOVES A WINNER Trademark Application Filed by SugarHouse HSP Gaming, L.P., to register the phrase for use in Casino Services. About SugarHouse Casino SugarHouse Casino, Philadelphia’s very first Casino, is a state of the art complex located along the Delaware River in Philadelphia, PA. The Casino opened in 2010, on the site of what used to be the Jack Frost Sugar Refinery, hence the name “SugarHouse”. SugarHouse is home to 3,000 slot machines and tables, and a variety of retail and dining centers. In 2014, the Casino initiated renovation plans to expand the casino floor, add a parking garage, and bring more amenities such as a health spa and event center. Guests can choose from multiple dining options to satisfy their cravings. People looking for more upscale restaurants can head over to Hugo’s Frog Bar and Chop House or Mian. If you’re looking for [...]

By |September 13th, 2018|

MEEK MILL Trademark Application Filed by Dream Chaser Records, Inc.

MEEK MILL Trademark Application Filed - Philadelphia, PA Dream Chaser Records, Inc. has filed a trademark application to register MEEK MILL for use in musical, apparel, and entertainment services.  The trademark application was filed on May, 23, 2018.  The trademark office typically examines the application within 4-6 months from the application date.  For more ... visit trademark application process and timeline. MEEK MILL Trademark Application Details Dream Chaser Records, Inc., is Meek Mill’s very own record label imprint that launched in October 2012. On May 23, 2018, about a month after his release from prison, Dream Chaser Records, Inc., applied to register MEEK MILL as a trademark for use in Compact discs, digital music downloads, audio and video recordings, and musical video recordings. In addition to, athletic apparel such as shirts, pants, jackets, footwear, hats and caps, athletic uniforms, and entertainment services in the nature of live [...]

By |August 31st, 2018|

What is a Trademark Disclaimer?

What Is a Trademark Disclaimer? If you are reading this, you likely have an office action that is requiring a trademark disclaimer.  The Examining Attorney at the Trademark Office will not allow your trademark application until you enter a disclaimer of a portion of the trademark or service mark.  A trademark disclaimer is a written statement that “disclaims” “exclusive rights” to “unregisterable content” in a "trademark registration".  A trademark disclaimer is a written statement that “disclaims” “exclusive rights” to “unregisterable content” in a "trademark registration". Disclaimers protect the public’s First Amendment right to use generic or descriptive words.  Disclaimers deny trademark owners from claiming exclusive rights to these generic or descriptive words. 1. To Disclaim - disavow - deny ownership of Exclusive Rights to Unregisterable Content In other words, a disclaimer is an affirmative declaration, made of public record, that trademark registration does not cover [...]

By |August 16th, 2018|