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Widerman Malek Law Blog

Patent and Trademark Office Closed on March 3, 2014

USPTO Closed on March 3, 2014 due to weather.

Game Developer Candy Crush Stirs up Protests Over “Candy” Trademark

In recent years, we are seeing common words being trademarked that borders on ridiculous. How can common words that are used in every day language and useded in hundreds of brand products be trademarked? One such recent example is game developer attempts to trademark the word “Candy” for their Candy Crush game. Is this […]

Are there any company names still left that aren’t trademarked?

Let’s say tomorrow I produce an amazing product (a honey that doesn’t stick, a soda that never fizzles, thread that easily goes through a needle) and I am ready to take this creation to market. Now, what do I call it? Something catchy of course. As I sit down with my friends and brainstorm names, […]

The Fight Over Use of “Crystal Glamour” is Decided

Austrian crystal jewelry maker, Swarovski has decided to not renew its trademark “Crystal Glamour”. In 2005, Swarovski received the registration for the term and filed the trademark as a “proposed to use” basis. However, their claim to the trademark was disputed by Crystal Knitters, a textile manufacturer from Tirupur.  Crystal Knitters claims that they have […]

Trademark Fun – McDonald’s v. McDowell’s

Trademarks can be so confusing. Is it ok to use the same trademark as someone else? A detailed analysis must be conducted before answering such a question. A great example of the type of analysis that occurs in trademark law can be found in the movie Coming to America.

Wait I thought It Was My Trademark?

Imagine coming up with an original idea so brilliant it merits you spending the time and energy applying for a trademark. After the lengthy process of securing the trademark, you set out to build your business with the piece of mind that your concept is protected. Everything is going well and dandy until three years […]

Honestly – The Honest Company or The Honest Toddler

For those of you with small children and those who are expecting, you may still be in awe of the vast amount of baby products out there. Not only are there more things available for your child then they could ever need, there are more and more parent blogs popping up, each with its own […]

Trademark Law: first to use v. first to file

In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. That being said, trademark ownership is not acquired by federal or state registration, although registration […]

I have an idea for a trademark…am I ready to apply?

  By: Tyler Hampy Before you commit to use and advertise a proposed new mark, you would be well advised to contact a trademark attorney and have them conduct a preliminary investigation as to any possible conflicts your new mark may have with previously used but unregistered marks, applied-for marks, and/or registered marks. You don’t […]

Trademark Law: Geographic Terms

  In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms. In the United States, geographic terms can be registered and protected as trademarks identifying a single commercial source if certain conditions are met. Geographic terms have traditionally been very important in identifying the source and […]

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