Trademark Estoppel

Does trademark estoppel apply to licensees? In general, yes, but there are exceptions to trademark estoppel. Courts and the Trademark Trial and Appeal Board (“TTAB”) have held that licensee estoppel does apply to trademark licenses. For example, in A & M Wings, Inc., v. Glenn Thompson, Cancellation No. 92064044 (T.T.A.B. 2019), the TTAB applied licensee… Continue reading Trademark Estoppel

Trademark Pro Design Search App

Trademark Pro became a design trademark search app at the 2018 Global Legal Hackathon. The team formed at the Toronto location of the Global Legal Hackathon at Denton’s law offices. Trademark Pro’s video entry for round two of the Global Legal Hackathon:   David Michaels, Brand Consultant T-shaped Professional: Has deep knowledge in trademarks with broad education and… Continue reading Trademark Pro Design Search App

Trademark Search Tools

A survey of trademark lawyers shows that their favorite trademark search tools are: Search Manual/straightforward searches on TESS Reason: To save money Nuans Trademark Search Pro: A comprehensive Canadian trademark search showing images, goods and services, and owners. At $50 per search, it is very affordable. Turnaround time is usually under a couple of… Continue reading Trademark Search Tools

What is a Trademark?

The 1946 Lanham Act defines a trademark under the term “trade-mark.” A trademark includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others. Today, a mark is considered a trademark in many jurisdictions if it… Continue reading What is a Trademark?

Does a pseudo mark change the rights of a trademark owner?

What is a pseudo mark? A pseudo mark is a plain English spelling of a phonetic trademark that comprises a misspelled word, a number, or telescopic trademark. A pseudo mark works like search tag and it is added to the USPTO database to make some trademarks more searchable. A pseudo mark may also discourage infringing trademark… Continue reading Does a pseudo mark change the rights of a trademark owner?

Trademark Symbol

Businesses use a trademark symbol next to their marks to indicate that they claim rights in a trademark. What is the trademark symbol? Businesses use the following trademark symbols as a superscript to the right of their trademark: TM, SM and ® The TM symbol stands for “trademark.” It is used to alert the public about… Continue reading Trademark Symbol

Trademark Specimen

USPTO accepted Nike swoosh trademark specimen on a t-shirt

What is a Trademark Specimen A trademark specimen is a photo or a screenshot showing how you actually use a trademark in commerce in connection with your goods and services, to indicate the source or owner of the trademark. For example, if you have applied for goods, you’ll want to submit a picture of your trademark… Continue reading Trademark Specimen

Can I Use the Superman’s Chest Shield Design on T-shirts?

No, not without a license from DC COMICS according to a complaint that DC COMICS filed in United States District Court against Mad Engine, in 2015, Case 2:15-cv-05492, in the CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION. DC Comics is the publisher of comic books and magazines, including those featuring the world-famous Superman character. DC also engages in… Continue reading Can I Use the Superman’s Chest Shield Design on T-shirts?