Why Trademark Distinctiveness Matters A strong trademark is a valuable asset that can elevate the reputation of a company and influence consumer decisions. When developing branding for a product or service, businesses need to consider not only the marketing appeal of a proposed trademark but the level of legal protection it will receive based on…

Class One (1) – CHEMICALS, primarily for use in industry, science, agriculture, forestry, or horticulture. Particularly: Compost; preservative salts for non-foodstuffs; some food additives; natural plastics; unprocessed (not raw) resins; industrial adhesives; Particularly NOT: Raw natural resins (IC 2); medical chemicals (IC 5); fungicides, herbicides, and most pesticides (IC 5). Class Two (2) – PAINTS,…

How to Start A Cannabis Business – The Legal Stuff You Need to Know This article originally appears on Black Enterprise and is written by Lydia Blanco.  If you are anything like most entrepreneurs looking to get in on the green rush, you’ve probably been doing your research for quite some time now on the ins…

Chubby Checker Not Amused By “The Chubby Checker.” Chubby Checker, the American singer-songwriter with the such hits as “Twist”, is suing Hewlett Packard for a penis measuring app called “The Chubby Checker.” The app was created by a third party and sold in the HP app store for the Palm OS. Chubby Checker alleges trademark…

“Baseballs Evil Empire” Rejected For Patent The TTAB (Trademark Trial and Appeals Board) rejected a trademark application for the phrase “Baseball’s Evil Empire” from a company named Evil Enterprises, Inc. because the judges ruled that the Yankees are strongly associated with that phrase. The Yankees were often labeled the ‘Evil Empire’ as an insult because…

USPTO Withdrew Prior Rejection The trademark office previously rejected Apple’s trademark application for ‘iPad Mini’ for being merely descriptive. The examiner defined iPad as merely descriptive because the examiner stated that ‘i’ in ‘iPad’ represents ‘internet’ and ‘Pad’ represents a tablet. Furthermore, ‘Mini’ is simply refers to the products size. Therefore, the entire mark is…

Thomas Machine Gun Sues Tommy Gun Vodka Saeilo Enterprises Inc, the manufacturer of the Thomson Machine Gun, also known as the Tommy Gun, sued the Alphonse Capone Enterprises Inc., the producers of Tommy Gun Vodka . The Tommy Gun gained infamy during the mob wars of the prohibition era. Saeilo Enterprises still manufactures and sells…

The United States Patent and Trade Office (USPTO) denied Apple Computer’s application for the mark ‘iPad Mini’ for being ‘merely descriptive’. Merely descriptive is one of five categories defining distinctiveness in regards to federal trademarks. From most distinctive to less distinctive, the categories are: (1) fanciful, (2) arbitrary, (3) suggestive, (4) descriptive, and (5) generic….

LMFAO Patent Rejected For Immoral Or Scandalous Behaviour The music group LMFAO has recently filed their applications with the USPTO for the second time. The Patent and Trademark Office rejected the first application, filed in 2009, due to the mark containing “immoral or scandalous matter.” Utilizing the Google search engine, the USPTO [correctly] determined that…