Seal Team 6 Trademark

Just days after the United States announced that a special Navy Seals team – Seal Team 6 – killed Osama Bin Laden, Disney filed three intent-to-use trademark applications with the United States Patent & Trademark Office for the mark SEAL TEAM 6, in respect of “Clothing, footwear and headwear,” “Toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games other than those adapted for use with an external display screen or monitor; Christmas stockings; Christmas tree ornaments and decorations; snow globes,”...

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Can I Protect A Telephone Number As A Trademark?

Registration of a trademark that consists of a merely descriptive term with numerals in the form of an alphanumeric telephone number (e.g., 800, 888, or 900 followed by a word), will likely be refused registration under §2(e)(1) of the Lanham Act. For example, an application for registration of the mark 888 PATENTS was found to be merely descriptive of patent-related legal services. The addition of a telephone number to an otherwise descriptive mark is insufficient, by itself, to render the trademark distinctive. If the relevant term is merely descriptive, but not generic, the mark may be...

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Are you considering a trademark that may be “geographically misdescriptive”?

Okay, perhaps an unfair trademark question – what is a “geographically misdescriptive” trademark anyway? A trademark may be refused registration at the USPTO if the trademark examining intellectual property attorney decides it is geographically misdescriptive under Trademark Act Section 2(e)(3), 15 U.S.C. §1052(e)(3). In considering whether a trademark is geographically misdescriptive and issuing a refusal, the Trademark Office considers and must establish that (1) the primary significance of the mark is a generally known geographic location, (2) the consuming public is likely to...

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Trademarks You Should Not Consider

As a Florida trademark attorney, I often like to blog about quirks in the law that I feel may be helpful for people researching trademarks to know prior to adopting and investing in trademarks. I often get calls from people in Florida who want to register a trademark that is the same or similar to well-known organizations. Normally, you can have two or more marks that are the same or similar co-existing without any problem because the goods and services are not similar. For example, there is a trademark for DELTA airlines and a trademark for DELTA faucets. However, there are several marks...

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A Trademark May Be Registered Even If It’s Used is by a Related Company

The USPTO accepts applications by parties who claim to be owners of marks through use by controlled licensees, pursuant to a contract or agreement. A controlled licensing agreement may be recognized whether oral or in writing. If the application indicates that use of the mark is pursuant to a license or franchise agreement, and the record contains nothing that contradicts the assertion of ownership by the applicant, the examining attorney will not inquire about the relationship between the applicant and the related company. Ownership rights in a trademark or service mark may be acquired and...

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Florida Trademark Registrations

In past trademark blogs, I am sure I have stated my opinion that Florida trademark registrations are next to useless. The best way to protect your brand and your business is to hire a Florida trademark lawyer to file an application for federal registration of your trademark. Most Florida business owners however are under the misconception that they cannot file a federal trademark application because they only have one or more locations within the state of Florida. While it is true that you do need use in “interstate” commerce in order to qualify for a federal trademark registration,...

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