Podcast: J.J. Lee on Master Your Finances Kurt Baker
Hello Reader,
In today's Issue, J.J. Lee was the guest on Master Your Finances Kurt Baker podcast. (Host) Kurtis Baker is a Certified Financial Planner™ and an Accredited Investment Fiduciary™ professional with Certified Wealth Management & Investment, LLC an independent Registered Investment Advisory firm. He is a graduate of the United States Merchant Marine Academy with a BS in Marine Engineering. He has been in the financial services industry since 1983 with extensive experience in financial planning, insurance & mortgages. He focuses his practice on comprehensive financial planning for families and business owners. His podcast Master Your Finances with Kurtis Baker, first aired May 31st, 2017. Master Your Finances Kurt Baker with J.J. Lee
Searching for guidance on brand protection. Meet J.J. Lee, founder and Trademark Lawyer Law Firm, PLLC in Ann Arbor, Michigan. With over 15 years of experience and more than 7,000 trademarks registered. JJ specializes in helping entrepreneurs safeguard their brands. Tune in for expert insights on trademark law and practical tips for securing your business’ identity.
SCOTUS Rules Trademark Act’s Prohibition Against Registering a Particular Living Individual’s Name Plays Well with First Amendment
On June 13, 2024, the U.S. Supreme Court held in Vidal v. Elster that protecting a living individual’s good name trumps the First Amendment in the context of trademark registrations. Collectively, the three opinions unanimously held that the U.S. Patent and Trademark Office (USPTO)’s legislative-based refusal to register the mark TRUMP TOO SMALL did not violate the First Amendment. Rather than a third domino in the chain of decisions overturning Lanham Act Section 2 bars to registration (See Matal v. Tam, 582 U.S. 218; Iancu v. Brunetti, 588 U.S. 388), Vidal v. Elster halts the pruning of Lanham Act Section 2 with the majority’s foot planted firmly in trademark law history and tradition.
This is Week 16 and Chapter 16 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!
Transcript: Hey, it's week 16. Chapter 16 on James Clear's Atomic Habits. Chapter 16, the title is: "How to Stick with Good Habits Every Day." James Clear brings up a story about a 23 year old stockbroker in 1993, where he just started a job, and within 18 months, he was bringing $5 million to the firm. By the age of 24, he was making $75,000, which was an equivalent of $125,000 in today's currency.
But how did he do it? What he did was he had this habit of tracking his calls. He would put in a jar, 120 paperclips. One jar was empty, and one jar had 120 paperclips in it. And as he made and completed each call, he would transfer one paperclip over to the other. And he wouldn't stop until he had all 120 paperclips from one jar to the other.
Tracking your habits is so satisfying because it shows a level of progress. But what if you miss a habit? What do you do? He also said don't miss two days in a row. If you miss working out, make sure you follow up and don't miss two days in a row. He also said it's better to do something rather than nothing because you lose momentum if you do nothing.
Alright, that's it for Chapter 16. Of course, it's a lot more. Please read it, but that's it for today. Next week, we'll do Week 17, Chapter 17. Alright, see you then.
If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist: Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!
Warm regards, J.J. Lee and the Trademark Lawyer Law Firm Team!
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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
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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.