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 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
A survey of trademark lawyers shows that their favorite trademark search tools are: uspto.gov/Trademark 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
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?
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?
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
It is important to trademark a band name either before a band starts playing in venues or soon afterward. Often a band will break up at the beginning and one or more band members will try to claim ownership to the band’s name. And domain name squatters may register a bandname.com as soon as a… Continue reading How to trademark a band name
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
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?
There was a messenger business in New York city that thought that it would be cool to have its messengers wear superhero costumes. It got cease and desist letters real quick. Then it got sued by Marvel and DC Comics for trademark infringement and copyright infringement. The business folded soon thereafter. These points of… Continue reading Can a Messenger Wear a Superhero Costume?