My Trademark application is in Publication for Opposition? What does that mean?
Greetings, dear subscribers!
This week comes to you filled with the drama between a grocery store, its labor union, and a little trademark snafu. We'll be covering some empowering tips on personal growth, introducing some newly registered trademarks, and uncovering some new fixable or possibly fixable mistakes you may be making on your trademark application. Let's dive in!
This edition is a 3-minute read.
TMTelegram Breakdown:
Trader Joe’s tussles with its labor union over trademark infringement. 🛒⚖️
Congratulations to these newly registered trademarks. 🎉
Cultivate self-belief and put these tips into motion for personal growth. 🌱💪
Trademark Tips & Tricks: Learn how to check your Trademark's status.🔍
Meet Erin C. Bray: Trademark Attorney👩💼
TRADER? I HARDLY KNOW HER!
Trader Joe's takes legal action against its labor union, alleging trademark infringement on tote bags, mugs, buttons, and more. Trader Joe’s calls on the labor union to cease selling products that could confuse their loyal customers. Don't miss out on this compelling story!
Congratulations to these newly registered trademarks! 🎉
Every Tuesday, we receive a list of registered trademarks from the USPTO. Let's dive into some noteworthy trademarks from the batch dated August 22, 2023.
1. CHRIST HEALING ENERGY (CHE) (7146989) A heartfelt congratulations on securing the trademark for your transformative offerings in educational services and in-person faith-based energy healing. 🌟🙏
2. CIAQP (7144193) Cheers to your remarkable achievement in trademark registration for your extensive expertise in testing, analysis, and consulting for indoor environmental matters.🌍🔬
3. FIZZBUTT (7146169) Here's to raising a glass to your fantastic trademark registration for your range of expertly crafted cocktails.🍹🥂
We are so honored to work alongside dedicated clients such as these. You are protecting your brands one trademark at a time. Way to go! 🙌
Your trademark could be next! Reach out to the TLLF team today to explore the possibilities of applying for a new trademark. Excellence is our forte, and efficiency is our passion. Together, let's empower your brand to achieve remarkable success!
✨BELIEVE✨
If you find your productivity shot and your inspiration dwindling, you should try cultivating a growth mindset. Instead of feeling lost or stuck, try believing that your abilities and skills can be developed through dedication and hard work. Embrace continuous learning and skill enhancement.
Here are three practical tips for cultivating a growth mindset:
Embrace Challenges: Instead of avoiding challenges or feeling overwhelmed by them, see them as opportunities for learning and growth. 💪🏔️
Practice Positive Self-Talk: Be mindful of your inner dialogue and replace self-doubt with positive affirmations. Encourage yourself and remind yourself that you have the ability to learn and improve through dedication and hard work.🧠🌟
Seek Feedback and Learn from It: Welcome feedback from others, whether it's from colleagues, mentors, or friends. Use feedback as a tool for improvement rather than taking it as a personal criticism.👂💡
This will open doors to new opportunities and propel your business forward! 🚪🔓
TRADEMARK TIPS AND TRICKS
What is Publication for Opposition? Before your Trademark is registered, it goes through a Publication for Opposition stage. What is it and what does it mean for you?
Meet Erin C. Bray, one of our brilliant Trademark Attorneys. Ms. Bray handles client consultations, trademark and copyright filings, office action responses, ex parte appeals, and enforcement proceedings. She represents clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
Let's dive into some fun facts about Ms. Bray:
I’ve lived in Australia and Germany. 🌏
I have an apiary in my backyard. 🐝
My kids compete in figure skating and I love being on the ice with them. ⛸️
When I was younger I was a professional cake decorator and still do the occasional wedding cake. 🎂
My husband and I have a huge vegetable garden and can our own salsa, jams, and other sauces. 🍅
The trademark lawyer law firm truly specializes and experts in trademark services. Everybody was quick to response and very helpful. Who would have known trademark was so easy? Highly recommend them!! True Five Star!!
Wow, time really flies when you're discussing trademark law…doesn't it? Thanks for joining us for another edition of TMTelegram. We hope this edition has empowered you and your team to succeed just a little bit more.
If you have any questions or comments, we are just an email away. Until next week! Keep growing and learning!
Warm regards,
J.J. Lee and the Trademark Lawyer Law Firm Team!
PS. Be Sure to Add Us to Your Contacts 📞
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"I have dealt with Trademark Lawyer Law Firm, PLLC, for several years. This time I needed to have my trademark renewed within a week as a deadline was approaching. As always, they prepared the paperwork professionally and in an expedited manner. Our communication to confirm details was smooth and quick. In a matter of days, they submitted the trademark renewal request. The service of this group of professionals is excellent." O. Garcia
Trademark Lawyer Law Firm
3300 Washtenaw Ave. 2nd Floor #277
Ann Arbor, MI 48104 (888) 505-5102
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
Meet Your Team
J.J. Lee
Principal and Founder
Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.