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Trademark

Cohen Law > Trademark

USPTO 2018-2022 STRATEGIC PLAN Draft Published

The United States Patent and Trademark Office (USPTO) publishes its draft 2018-2022 Strategic Plan which is an outline of its mission and goals that it wishes to accomplish in the future. The goals primarily relate to increasing the USPTO's quality and timeliness of prosecuting both patents and trademarks.   For example, one specific action they like to implement is providing examiners with information from applicants' other previously filed patent applications within the USPTO and internationally.  In regards to trademarks, the USPTO desires to "maintain first action pendency between 2.5 and 3.5 months with 12 months or less for disposal pendency".  In other words,...

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Christian Louboutin Trademark Europe Update

LOUBOUTIN WINS KEY LEGAL BATTLE TO PROTECT SIGNATURE RED SOLES FROM COPYING                On June 12, 2018, the European Court of Justice (“ECJ”) handed down a landmark ruling in favor of Louboutin, in which it was determined that Van Haren, a Dutch company, had infringed on Louboutin’s protected trademark by selling a range of red-soled shoes.  The case stems from years of litigation dating back to 2012 between Louboutin and the Dutch footwear company in which Louboutin alleged that Van Haren’s “Fifth Avenue by Halle Berry” collection infringed on its “Red Sole” trademark registration within the European Union. The ruling follows a...

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When Does Trademark Protection Begin?

trademark protection

We’ve had the opportunity to talk about how vital a legal tool Trademark is for any company out there. Not only does it promote your brand and provide differentiation in the market.But it also protects your business from others trying to confuse your customers with subpar goods and services. It may also prevent con artists from trying to pass their products as your own. Simply put, a trademark is your best legal recourse to keep the elements that identify your company in the market safe. Once you understand the significance of filing a trademark for elements such as your company’s name or logo,...

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Kanye West’s Yeezy Trademark and Chinese Issues, Don’t Believe the Hype

There has been several articles written, mostly inaccurate and misleading, indicating that a Chinese company has taken the Yeezy trademarks. This is likely not the case.  Kanye West, through his company Mascotte Holdings, Inc., has a US trademark registration for "Yeezy" filed in 2013, as well as other registration/applications for YZY and Yeezi. What the hullabaloo is about as written in Hypebeast and TMZ, is a Chinese company called Fujian Baby Network Technology Co., Ltd, recently filed an application for Yeezy Boast in class 25 for clothing and somehow took the Yeezy trademark.  Wrong.  Even the NYDaily News gets it grossly wrong, as the pending...

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PRINCIPAL VS. SUPPLEMENTAL TRADEMARK REGISTER DIFFERENCES

Within the United Stated Patent and Trademark Office, there are two separate trademark “registers” that exist, namely the Principal and the Supplemental.  Typically when an applicant files a new trademark application, that application when ultimately approved and issued is defaulted to be on the Principal Register.  However, under some circumstances during the prosecution of the application, the examiner may recommend, or the applicant may have to voluntarily amend the application to the Supplemental Register.  Generally, “descriptive” marks are not entitled to the Principal register and instead must go on the Supplemental Register. The question becomes what is the difference between the...

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Types of Patent Searches and Opinions

It is not commonly known by many inventors that there are different types of patent searches and opinions depending upon the reason for the search. Namely there are four varieties of patent searches: 1) Novelty (patentability); 2) Freedom to Operate (FTO); 3) Non-infringement; and 4) Validity. 1. Novelty or Patentability Search Novelty searches tend to be the most common search requested. Simply stated, this type of search and opinion is conducted to determine the likelihood of getting a patent through the United States Patent and Trademark Office (USPTO). The question asked is whether the invention is patentable through the USPTO, but does...

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Blac Chyna Trademark Opposition with the Kardashians

Hollywoodlife.com recently asked us questions in an interview regarding Blac Chyna’s attempt to utilize the Kardashian name in a trademark.  It turns out the Kardashian family is not too keen on soon to be relative, Blac Chyna using the family name for business purposes. Blac Chyna is set to marry Rob Kardashian in 2017, and just recently filed an “intent-to-use” trademark application for “ANGELA RENEE KARDASHIAN” connected to advertising and entertainment services. While the trademark office (United States Patent and Trademark Office) did not have an issue with the application and issued a Notice of Publication, the various Kardashian business...

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Cohen IP Law Group, P.C. named Trademark Infringement Law Firm of the Year in California 2016

Cohen IP Law Group, P.C. is proud to announce that it has been named as the winner of the Boutique category – Trademark Infringement Law Firm of the Year in California – 2016 by Global Law Experts (GLE) www.globallawexperts.com. Over recent months, GLE has conducted its extensive nomination and research process for the 7th Annual Global Law Experts Awards. The shortlisted candidates were judged on client testimonials, key cases, legal rankings, overall reputation, publication contributions, speaking engagements and the performance and standing of teams and individual lawyers. During the recommendations stage GLE received over 120,000 responses from business directors, in-house legal counsel, independent law firms, high...

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Hashtags and Trademarks

The Wall Street Journal reported today that trademark applications for hashtags increased exponentially in 2015. Hashtags are words or phrases that are preceded by the pound symbol (“#”) to classify a topic of conversation on social media platforms. Social media platforms like Twitter, Instagram, and Facebook have become essential marketing tools. Businesses routinely use hashtags as a promotional device on social media to advertise its goods and services. For example, Nike uses hashtags for its slogans or new products, for example, #justdoit and #LunarEpic. The primary purpose of using a trademark is for a business to indicate a source of origin for its goods and services to the...

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