Erik M Pelton & Associates, PLLC

A recent study, Lessons from USPTO Trademark Prosecution Data, uses data from the USPTO records over four decades to show that working with an attorney improves the odds of success when applying to register a trademark. The full study by Deborah R. Gerhart and Jon J. Lee, published by the International Trademark Association’s Trademark Reporter, is available at https://www.inta.org/wp-content/uplo...

Take a tour to find out how our trademark videos and podcasts are made! Erik shares the video and podcast recording studio details and specifics regarding the camera, microphone, computer, lighting, and other equipment use to make a high-quality podcast and YouTube video channel. The post Behind the Scenes of Our Trademark Videos and Podcasts appeared first on Erik M Pelton & Associates, PLLC...

Did you know that we created a free secure online tool for tracking USPTO applications and registrations? We launched sofTMware® 10 years ago and now it tracks tens of thousands USPTO records for several hundred users. See for yourself at www.softmware.com. The post Celebrating 10 Years of sofTMware® appeared first on Erik M Pelton & Associates, PLLC .

Artificial Intelligence (AI) and ChatGPT has been the new a lot lately. How might it impact the world of trademarks and trademark attorneys? Listen for Erik’s comments. The post Will AI change trademarks? appeared first on Erik M Pelton & Associates, PLLC .

A great tool for brands to connect with customers is a catch jingle. Listen for more about some great jingles and why they are so valuable. The post The Power of Brand Jingles appeared first on Erik M Pelton & Associates, PLLC .

Ownership changes and transfers for trademark applications and records can be quite complex. In this episode, Erik shares some of the key terms and principles about trademark assignment documents. The post What is an Assignment of Ownership? appeared first on Erik M Pelton & Associates, PLLC .

Trademark scams continue to proliferate. Listen for details about the latest details on scams using the USPTO’s seal and letterhead. For more about preventing or evaluating scams, visit www.isthisatrademarkscam.com   The post Lookout for the Latest Trademark Scam using USPTO Letterhead appeared first on Erik M Pelton & Associates, PLLC .

Hear our recap of the biggest trademark stories of 2022, including the USPTO backlog, the Queen of Christmas, Supreme Court cases, metaverse and NFT trends, and more. We also look forward to what 2023 might have in store for the trademark work. The post Top Trademark Trends of 2022 appeared first on Erik M Pelton & Associates, PLLC .

The FIFA World Cup tournament is one of the biggest athletic and global events in the world. With the tournament underway, Erik shares some insights about FIFA trademarks, along with the stars on the pitch – many of who have brands that are not fully protected. The post World Cup 2022 Trademark Stories appeared first on Erik M Pelton & Associates, PLLC .

The USPTO trademark application process has many steps and possibilities, one such step is a “Request to Divide” an application and split it into two separate filings. Listen for more details about when and why an applicant would file a Request to Divide. For more about the entire trademark registration process, see https://www.erikpelton.com/trademarkive/uspto-trademark-application-process/ The p...

What does an examiner at the USPTO consider when they review a trademark application? And how does it impact drafting and filing an application to register a trademark? Learn more in this episode from former USPTO examiner Erik Pelton. The post Think Like a USPTO Trademark Examiner Does appeared first on Erik M Pelton & Associates, PLLC .

Beginning in December 2022, the USPTO is implementing the most significant change to the trademark application process in many years. Listen for more details about the changes and their impacts on trademark applicants. For more about the trademark application process, see https://www.erikpelton.com/trademarkive/uspto-trademark-application-process/ . The post The Biggest Change to Trademark Applica...

Law firms have brands and trademarks too! Erik explains how law firms can protect their firm name and other branding elements, and shares some of the reasons they benefit from trademark registration. The post Protecting a Law Firm Brand appeared first on Erik M Pelton & Associates, PLLC .

What lessons from practicing yoga can be applied to trademarks? Erik shares some of his insights in this week’s Tricks of the Trade(mark). For more about all aspects of trademark registration and protection, see https://www.erikpelton.com/trademarkive/ . The post 5 Things Yoga Taught Me About Trademarks appeared first on Erik M Pelton & Associates, PLLC .

Can you register an emoji as a trademark? Erik and his team had a lot of fun recently creating their own emoji – and applying to register it. Listen to learn more about emoji trademark issues. The post Can an emoji also be a trademark? appeared first on Erik M Pelton & Associates, PLLC .

What is a copyright registration? Who can register? When should you register? Where is a copyright registered? And finally, why would you want to register? Learn more in this episode. The post The 5 Ws of Copyright Registration appeared first on Erik M Pelton & Associates, PLLC .

Nontraditional trademarks include sounds, scents, motions, lighting, colors, and more. Color marks are relatively rare and must meet additional requirements. In this episode, we cover the basics about color marks and T-Mobile’s trademark registration for magenta. The post Color trademarks case study: T-Mobile magenta appeared first on Erik M Pelton & Associates, PLLC .

An appeal to the Trademark Trial and Appeal Board (TTAB) can be an important tool when appropriate and when there is a strong reason to believe that perhaps the examiner’s decision can be overturned. In this episode we cover some basics about ex parte appeals, including the costs and timeline. The post Anatomy of An Appeal to the TTAB appeared first on Erik M Pelton & Associates, PLLC .

What are the differences between a USPTO trademark registration certificate and a presentation copy? Erik explains the differences between electronic, presentation, and paper registration certificates. The post What is a Presentation Copy of a Trademark Registration? appeared first on Erik M Pelton & Associates, PLLC .

Many do not realize the importance of the Trademark Public Advisory Committee (TPAC) at the USPTO. This committee has a critical role and lens into the world of trademark. Watch this episode as Erik shares more about the committee and its functions. The post What is the Trademark Public Advisory Committee (TPAC)? appeared first on Erik M Pelton & Associates, PLLC .

It can seem challenging to create unique and bold brands, yet there are great examples all around us. In this episode, Erik shares some of recent examples he found of creative, bold brand names. The post Great Trademarks Are Everywhere, You Just Have to Look appeared first on Erik M Pelton & Associates, PLLC .

The game of pickleball has become the fastest growing sport in the US and trademark filings at the USPTO are a proof of that. Businesses recognize that the trademark records of the USPTO really are a microcosm of the overall economy and a great source of research and knowledge. Find out more in this episode. The post Pickleball: A Boom in Trademark Filings appeared first on Erik M Pelton & Ass...

Arguments, consents, and cancellations are the potential ways to overcome a likelihood of confusion for a trademark application. Learn more about these three and the different office action response situations in this episode. The post 3 Different Ways to Overcome a Likelihood of Confusion Trademark Refusal from the USPTO appeared first on Erik M Pelton & Associates, PLLC .

Our website is packed with information, resources, videos, and much more exploring the world of trademark protection and registration. In this episode, Erik guides us through some of the key features available at www. ErikPelton.com The post A Guide to Our Website at ErikPelton.com appeared first on Erik M Pelton & Associates, PLLC .

Have you ever wondered how our firm at EMP&A manages several hundred trademark filings each year? Over the past 15 years we have developed an amazing tool, called Tracker, which is exclusive to our firm and for trademarks – and is now patent pending! Listen for more on what makes this tool so special. The post Our Unique Patent Pending Tool at EMP&A appeared first on Erik M Pelton...