Thanks to DuetsBlog for providing an update on the EAT MOR CHIKIN v. EAT MORE KALE dispute that was the subject of our prior post. As we reported in December, the Trademark Office issued an office action on the pending trademark application for EAT MORE KALE for t-shirts, etc. and determined that “no similar registered or pending marks … would… Continue Reading
Category Archives: Trademark Prosecution
Subscribe to Trademark Prosecution RSS FeedPRETZEL CRISPS: The Importance of Evaluating A Trademark’s Strength
Posted in Trademark, Trademark Bullying, Trademark ProsecutionThe New York Times had an interesting article about the ongoing dispute between Princeton Vanguard and Frito-Lay over Princeton Vanguard’s attempts to obtain a federal trademark registration for the mark PRETZEL CRISPS. You know Pretzel Crisps – the thin, crunchy pretzel crackers that seem to go perfectly with any type of dip. Well, the company that makes Pretzel… Continue Reading
LINSANITY: The Trademark
Posted in Anticybersquatting, Domain Name, Section 2(a), Section 2(c), Trademark ProsecutionOn the heels of recent attempts to trademark a celebrity baby name comes the story of an attempt to obtain trademark protection for the name of a sports celebrity. Well, a variation of a sport celebrity’s name. This time, two trademark applications were filed last week for the mark LINSANITY — as in the current craze caused by Jeremy Lin, a player… Continue Reading
BLUE IVY CARTER: What to Get a Child Who Has Everything? A Trademark Registration.
Posted in Intent-To-Use Applications, Section 2(a), Section 2(c), Section 2(d), Trademark, Trademark Prosecution, UncategorizedSince the birth last month of their first child, Blue Ivy Carter, Beyoncé and Jay-Z are no doubt experiencing the typical joys of first-time parenthood. Those first looks, smiles and coos. But they are struggling with at least one parenting issue that most of us don’t have to worry about: trademark protection for their baby’s name. Beyoncé’s company, BGK… Continue Reading
The Trademark Audit: A Necessary Legal Checkup
Posted in Trademark, Trademark ProsecutionWritten by Christine Baker A few weeks ago, we said goodbye to 2011, welcomed 2012 and made some New Year’s resolutions – whether it be to shed a few extra pounds, to quit smoking or to complain less and laugh more. While it is great to make New Year’s resolutions for your personal life, it’s also a… Continue Reading
Section 1(b) Intent-To-Use Applications: Evidence of Bona Fide Intent Required
Posted in 15 U.S.C. 1051(b), Intent-To-Use Applications, Trademark Prosecution, Trademark Trial and Appeal BoardWritten by Christine M. Baker If you’re familiar with the federal registration of trademarks and service marks in the United States, you know that U.S. trademark law allows an applicant to seek registration of a mark based on either actual use of a mark in interstate commerce (15 U.S.C. Sec 1051(a)) or on a bona fide… Continue Reading
