“Use in Commerce” Requires Actual, Not Intended, Use

“Use in Commerce” Requires Actual, Not Intended, Use.

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Icons – The Visual Metaphors Of Our Culture

Ideas, Riffs And (Some) Noise On All Things Marketing. Branded

Ever wondered what could be the primary cause of our childhood fascination with cartoons? I did. Tons of times in fact. With little success very often.  Thankfully for me Scott McCloud in Understanding Comics gives a clear and a straightforward explanation for that.

Understanding Comics Pg 36

(Scott McCloud, Understanding Comics, Pg 36)

Essentially, he posits,  the mental picture that we we have of ourselves is simple and basic . Therefore, we are able to project ourselves into the ‘simple character’ but not the ‘complex one’.

The obvious lesson here that is applicable to advertising could be – if you want your audience to feel like they are the main character, make sure the character isn’t overly elaborate and detailed.

The classic iPod ads of 2001  have smartly taken this theory a step further by featuring just a set of male and female silhouettes.

iPod

(Image Source)

This abstraction of pictures…

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A Guide to Intellectual Property, Copyrights and Trademarks for Businesses, Blogs and Brands

You’ve done all this work. You’ve spent hours trying to make the words perfect and the paragraphs flow. Or you’ve done research to make sure what you’re saying is accurate. Or you’ve LLCed your business and created a respected brand. Or you’ve spent hours editing those pictures you took so they’re exactly how you want them to be. Then someone comes and copies and pastes your work and in seconds, they’re capitalizing off what you spent hours/days/weeks/months/years on. DAMBIT!

If you have a business, get ideas for side hustles or are just creative in any way, then you need to know about Intellectual Property (IP) and the rights you have. Simply put, IP refers to ideas (things owned by your brain). Writers, artists, photographers, business owners, marketers… we all need to be knowledgeable about it because our ideas are priceless so we need to protect them. We also need to know what it means to infringe on someone else’s idea because mistakes like that could be costly, time and money-wise.

Written by Luvvie.  To read the full article, click here. For trademark, copyright and business law needs in San Diego, California, please visit our website at www.marciadepewesq.com, and follow us everywhere @marciadepewesq.

WIPO Launches Unique Image-Based Search for Trademarks, Other Brand Information

The World Intellectual Property Organization (WIPO) has unveiled a one-of-a-kind image-search function for its Global Brand Database, adding a new feature that allows users to upload an image to search for visually similar trademark and other brand-information records from among the millions of images in the collection.

The image-search functionality, which is the first such application among free, public intellectual property databases, was presented on Saturday, May 10, 2014 at the International Trademark Association (INTA) annual meeting in Hong Kong. It adds an important new search possibility for the Global Brand Database’s users, who often wish to see if a logo, trademark or other similar image is separately registered for use.

Posted on wipo.int.  To read the full article, click here. For trademark, copyright and business law needs in San Diego, California, please visit our website at www.marciadepewesq.com, and follow us everywhere @marciadepewesq.

Samsung files the trademark “Gear S” in US

Samsung-Logo

A new trademark has surfaced, Samsung has filed “Gear S” in the United States Patent and Trademark Office’s (USPTO) website. At this stage the name Gear S seems to point to a wearable device, possibly another smartwatch, but what does the S denote? In Samsung’s recent Galaxy Tab S tablets, we have seen the build quality to improve, as well as overall performance, and all the while becoming more slimmer and overall sleeker.

Posted on Tizen Experts.  To read the full article, click here. For trademark, copyright and business law needs in San Diego, California, please visit our website at www.marciadepewesq.com, and follow us everywhere @marciadepewesq.

LG Trademarks “LPAD” and “WPAD” Tablets

LgLogo

LG has trademarked two new tablet models or series in the US: the “LPAD” and “WPAD” units. The company has already released the successful LG G Pad 8.3 last year and the new G Pad trio this year, all of them received pretty warmly.

Now they’re most likely preparing a successor for the LG G Pad 8.3 and maybe also thinking about tackling Windows 8 for a change. The “WPAD” sure sounds like a Windows 8 tablet, but LG would really have to stand out of the crowd for this product to matter on the currently saturated market, filled with 8 inchers with affordable prices. Anyway, the trademarks mention “smartphones” and “tablet computers”, but I’m leaning towards tablets.

Written by Radu Iorga.  To read the full article, click here. For trademark, copyright and business law needs in San Diego, California, please visit our website at www.marciadepewesq.com, and follow us everywhere @marciadepewesq.

University Of Arkansas Trademarks The Hog Call

Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Razorbacks!

The start of the college football season is around the corner and that chant will once again be used within the state of Arkansas.  The chant, referred to as the Hog Call, is claimed to have originated at the University of Arkansas in the 1920s.  It is certainly a featured saying at Razorbacks football games.  It is now a registered trademark.

Earlier this month, the United States Patent and Trademark Office (USPTO) granted registration of the sensory mark to the Board of Trustees of the University of Arkansas.  The type of mark is atypical among commonly registered trademarks.  Instead of it consisting of a word or design, it is a sound.  Specifically, the University of Arkansas has received federal protection of Arkansas-influenced crowd cheers consisting of the “Woooooooo. Pig. Sooie!” chant in conjunction with providing collegiate athletic and sporting events.

The claimed first use in commerce of the mark stems back to December 31, 1929.  The application for ownership of the trademark, submitted on July 26, 2013, had to overcome a USPTO examining attorney’s Office Action, which stated that “[b]ecause crowds commonly chant encouraging words at sporting events, consumers of the sporting event would not recognize the chant as a source indicator for the event.”

Written by Darren Heitner.  To read the full article, click here.  For trademark, copyright and business law needs in San Diego, California, please visit our website at www.marciadepewesq.com, and follow us everywhere @marciadepewesq.

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