Can Someone Trademark Your Catchphrase After It Is Cancelled?

Do you remember the ridiculously cheesy LifeCall commercial that first aired in 1989?  Perhaps you may be able to recall it better with this famous catchphrase, “Help!  I’ve fallen and I can’t get up.”  Do you now remember?  LifeCall, a medical alert and protection company produced this commercial showing an elderly woman fall within her […]

You started your company four years ago and everything is going well when all of a sudden you are handed a cease and desist letter.  The letter informs you that you are using another company’s trademark – their company name.  What are you to do? With the world increasingly getting smaller thanks to the internet, […]

By: Mark R. Malek I am sure everyone has starved themselves to the point of near collapse in anticipation of the Thanksgiving Holiday Weekend.  For the sake of showing that the Patent world is very in touch with the holiday season, we would like to share with you some Thanksgiving related patents that we came […]

One of the biggest gripes I had with attending college had to be buying textbooks.  Ten years ago when I was in college, textbooks cost around $500 per semester.  This was an outrageous cost.  Yet, college kids were forced to pay for these books in order to follow along with the teacher’s syllabus.  You would […]

By: Mark R. Malek My previous articles (see them here, here and here) have provided information on the requirements of disclosing prior art and about how to do some prior art searching.  Many times, I am asked by a client to provide them a “complete” patent search that locates every piece of related prior art […]

Trademark Refusal – Likelihood of Confusion

I’ve filed an application with the United States Patent and Trademark Office (USPTO) to register my trademark and I have received correspondence indicating that my registration of my applied for mark had been refused based upon a likelihood of confusion. What does this mean? One of the more popular rejections from the USPTO involves a […]

How Does a Franchise Work?

In 1955, a 65 year old man wearing a white suit to match his white hair and goatee took $105 out his social security to start franchising his fried chicken recipe. Less than ten years later, he had 600 franchisee restaurants selling his famous Kentucky Fried Chicken. This man was the legendary Colonel Harland Sanders. […]

By: Mark R. Malek The first article I posted about this series was directed to the duty to disclose prior art to the Patent Office during the patent prosecution process.  The next article tried to give some information about what constituted prior art.  Now that we know what prior art is, let’s go over some good […]

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