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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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. [...]
November 10, 2017, Philadelphia Trademark Attorney Riddle recently visited students at La Salle University’s Center for Entrepreneurship. He spoke about Intellectual Property Law (IP Law), with a focus on trademarks. Attorney Riddle discussed how IP law is used by businesses to secure brand identity, and competitive advantages. During the discussion, he and the students discussed the four traditional categories of IP Law. The categories discussed were Patent Law, Trademark Law, Copyright Law, and Trade Secret Law. Attorney Riddle used a Life Saver® candy to demonstrate some of the applicable concepts of IP Law. Charles Riddle, A Trademark Attorney with offices in Greater Philadelphia spoke to La Salle University Students. An examination of trademark records shows that shape of the LifeSaver's candy eventually was granted as a trademark. This gave the owner an exclusive right to make and sell mints having a hole in the center. The records also showed that the [...]
Attorney Riddle wins legal argument to obtain jurisdictional discovery in response to a motion to dismiss. Attorney Riddle filed a Complaint for Declaratory Judgment in Federal Court for the Eastern District Of Pennsylvania relating to a trademark matter. The defendant filed a motion to dismiss relating to jurisdiction, and Attorney Riddle successfully argued to have the motion denied without prejudice. The U.S. District Court granted plaintiff leave to conduct discovery relating to jurisdiction. Court order available here. What We Do: Our trademark attorney prepares and files trademark applications for clients throughout the United States and abroad. We prosecute and defend trademark infringement and unfair competition actions in the Federal Courts throughout the United States and abroad. We also prosecute trademark office actions and appeals before the United States Trademark Office. We draw on our experience as trademark litigators to guide you through the trademark process. We support businesses, law firms, and individuals by providing specialized legal services in intellectual property matters.
Attorney Riddle often works with foreign law firms and attorneys to procure and enforce intellectual property rights abroad. Recently, Mr. Riddle established a relationship with Attorney Luigi Carlini, of carlinilegal.com, to enforce intellectual property rights for an international cybersecurity client. The alleged, located in Spain, was providing unauthorized trademark / copyright Internet content and potentially infringing services in Madrid. Attorney Riddle worked with the foreign attorney to communicate with the infringing party regarding United States law - and also to assert intellectual property rights under the trademark and unfair competition laws of Spain. The results were successful for the client, and the infringing content was removed. "The alleged, located in Spain, was providing unauthorized trademark / copyright Internet content and potentially infringing services in Madrid, Spain." What We Do: Our trademark attorney prepares and files trademark applications for clients throughout the United States and abroad. We prosecute and defend trademark infringement and unfair competition [...]
Trademark Application Granted for Lancaster Foods, Lancaster, PA What We Do: Charles Riddle is a licensed attorney, registered U.S. Patent Attorney, and a litigator. Our trademark attorney works on the application of patents, trademarks, and copyrights in the United States and abroad. Attorney Riddle prosecutes and defends patent, trademark, and copyright litigations in the federal courts. Attorney Riddle undertakes Internet domain name disputes and prosecutes international trademark applications before the World Intellectual Property Organization.