Rolex files an Opposition against Hallmark's graphic Trademark application for jewelry:
Transcript: It's another trademark litigation. Take a look at this. This was filed in class 014 for jewelry by, guess who, the Hallmark licensing company. Rolex filed an objection to this trademark application to getting registered and I'll post the article and the trademark application in opposition.
This is Rolex's brand. This is Hallmark's brand. Now, of course, Hallmark. Makes a variety of different things, but this was specifically in opposition in class 014 as you can see in the preceding here and we'll list all of this in the details, but this is and also for retail store services the Rolex brands own. Their Rolex image and logo in both these classes very interesting.
I don't blame Rolex, especially in jewelry class. But what do you think? Do you think there's going to be likelihood of confusion? If you saw this on a watch or any other jewelry, would you think it's from the Rolex brand? I want to hear your opinion, but I'll link the articles here in the comments below.
Let me know if you have any further questions, and until next time, keep your brand safe and protected.
TRADEMARK NEWS
The Swiss watchmaker said the company’s plans to use a new version of the Hallmark crown on jewelry would confuse consumers.
Rolex Watch U.S.A., Inc., hereby opposes Applicant’s, Hallmark Licensing LLC (“Applicant”), registration of the mark in International Class (“IC”) 014 for jewelry as listed in Application Serial No. 97855526.
This is Week 12and Chapter 12 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!
Transcript: Welcome to week 12, chapter 12 in Atomic Habits by James Clear. This chapter is called "The Law of Least Effort." And what he's saying here in this chapter is to create and set up the environment to make it as frictionless as possible for the good habits. For the bad habits, add as much friction to it as possible.
If you want to draw more, put the pens, papers, and drawing instruments right next to the table when, where it's easy to reach. If you want to exercise more, put your shoes, your clothes, the weights and the water bottle in easy reach before you go to exercise. If you want to improve your diet, chop up the vegetables and the fruits or the healthy food.
And have it ready before you go to work. In other words, make all those progresses, make, make the habits easier. If you want to make a bad habit more difficult, add more friction to it. If you want to stop watching TV, unplug the TV, take out the batteries from the remote and maybe even hide it or even put away the TV.
That way, if you do want to watch the TV, you can only do so if you actually name the show that you want to watch out loud, pull the TV out of the closet, Or wherever, and then plug it back in and put the battery back in the remote. In other words, the more friction you add to the habits you don't want to do, the less likely that you're going to do it.
If you want to do good habits, prepare as much as possible beforehand. That way it's easy and frictionless for you to achieve that habit. That's week 12, chapter 12. Alright, see you next week for chapter 13. Have a great day.
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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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.
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