Author Archives: tom

AIRIA Nightclub has Trademark Problems

John Welch questions whether you would have appealed the recent rejection of Gila River’s application for AIRIA.  Local Arizona tribe and gaming enterprise Gila River has a night club named Airia, but unfortunately, there is an Area nightclub in LA … Continue reading

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Sight, Sound, Meaning, and Fame

When the Trademark Office receives a new application, one of the first things it does is conduct a search for similar marks.  The Trademark Examiner often searches for identical mark and homonyms in all goods and services classifications and for similar … Continue reading

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Ascribing a Date of First Use to a Trademark

All trademark registrations filed under Sections 1(a) or 1(b) of the Lanham Act carry a date of first use. In those registrations that are filed as intent-to-use applications, the date that the mark is first used is typically very easy … Continue reading

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USPTO Begins Issuing Scam Warnings

As I have written before, trademark applicants and registrants should be on the watch for official-looking notices or requests asking for fees or registry enrollments.  The USPTO has begun issuing a formal warning notice when it mails the Certificate of … Continue reading

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Can I patent something that is used for an illegal purpose?

This question was posed to me during a recent interview. Is it possible to patent something that is used for an illegal purpose or is used with an illegal substance, or is there a prohibition against such patents? Is patent … Continue reading

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The Practice of Removing Sponsored Logos in Triathlon Advertisements

Several months ago, Slowtwitch.com erupted over an altered image that had been discovered of pro triathlete Hillary Biscay. The original image showed Biscay running during an Ironman-branded race with a jersey that bears a small blue decal. That decal is … Continue reading

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Local Medical Device Inventor

Kim Manwaring is a Phoenix neurosurgeon who invented a number of medical devices in his garage-turned-laboratory.  He was profiled in the Arizona Republic this weekend, and I thought it was a great story of the and hard work and creative … Continue reading

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Can I use the Ironman trademark to describe a race I did?

The Ironman trademark (the second link is to one of the many Ironman registrations) is an extremely valuable trademark to the World Triathlon Corporation. The WTC works to protect its unauthorized use (though sometimes I do question their authorized use). … Continue reading

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Filing an Assignment with a Patent Application

An assignment can be filed with a patent application to immediately convey control of the patent application to the assignee. This is frequently necessary where the inventor is an employee of a company that will be controlling the patent application. … Continue reading

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Twin Peaks Trademarks

Before the end of last year, I wrote about obtaining trademark protection in a series of works. I used books as an example: while you normally cannot register the title of a single book, when you develop a series of … Continue reading

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