http://seattletrademarklawyer.com/blog/Wed, 08 Sep 2021 06:51:39 +0000en-USSquarespace V5 Site Server v5.13.594-SNAPSHOT-1 (http://www.squarespace.com)Michael AtkinsMon, 06 Sep 2021 17:21:01 +0000http://seattletrademarklawyer.com/blog/2021/9/6/atkins-ip-celebrates-ten-years.html106093:939602:36378343
Ten years, to be exact.

That’s right, ten years ago, Atkins IP opened its doors.

It was a happy experiment to discover our place in the market, to work virtually, and to serve clients in new ways.

Since then, we’ve worked hard to protect our clients’ trademarks and copyrights — in court, and through government offices.

I couldn’t have done it without you. Really. As a solo practitioner, I’ve been the fortunate beneficiary of so many people’s time, trust, and help. Thank you, thank you, thank you!

With all my gratitude, here’s to the next ten years! ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36378343.xmlTrademark AuditsTrademark UseUU.S. Patent and Trademark OfficeMichael AtkinsMon, 30 Nov 2020 13:51:36 +0000http://seattletrademarklawyer.com/blog/2020/11/30/expect-the-uspto-to-audit-your-trademark-registration.html106093:939602:36329210
In 2017, the Trademark Rules of Practice were amended to authorize the USPTO to require additional evidence of use when a registration is renewed. Since then, almost 5,000 registrations have been audited. Again, more than half resulted in the amendment to delete goods and services from the registration — presumably, because the owner could not establish use in commerce. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36329210.xmlDenial of Trademark ApplicationTrademark Law 101U.S. Patent and Trademark OfficeMichael AtkinsTue, 14 Jul 2020 12:44:33 +0000http://seattletrademarklawyer.com/blog/2020/7/14/common-reasons-the-uspto-might-deny-your-trademark-applicati.html106093:939602:36297804
There are about twenty. However, you can forget about most of them. For practical purposes, the main ones to worry about are: likelihood of confusion, mere descriptiveness, deceptive misdescriptiveness, primarily merely a surname, and unlawful use. These objections are summarized below.

-Likelihood of confusion. Frequently, the most tricky objection to consider is whether your mark is confusingly similar to a prior filing. This mainly means that your mark is too similar to the mark reflected in a prior-filed application or registration, in the context of the associated goods and services, such that ordinary consumers would likely, or probably, mistakenly believe that your goods or services come from the prior filer. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36297804.xmlCounterfeitingTrademark Law 101TrademarksMichael AtkinsThu, 18 Jun 2020 13:39:56 +0000http://seattletrademarklawyer.com/blog/2020/6/18/documentary-highlights-counterfeit-wine-and-teaches-about-tr.html106093:939602:36291624
I recently watched “Sour Grapes,” a 2016 documentary about a counterfeiter of high-end wine. It covered one man’s operation, from sourcing empty bottles to old corks to distressed paper for faking labels. These wines sold for thousands of dollars a bottle — a long ways from the cut-rate shoes, jerseys, and watches that you might see on the street. However, the operation squarely fits within the same definition of counterfeiting: putting someone else’s brand on a good that the trademark owner didn’t make or approve.

Counterfeiting is a multi-billion dollar problem — not only for the impacted trademark owners, but also for consumers. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36291624.xmlCOVID-19 ExtensionsUSPTOMichael AtkinsThu, 16 Apr 2020 11:37:50 +0000http://seattletrademarklawyer.com/blog/2020/4/16/uspto-announces-30-day-extensions-in-response-to-covid-19-cr.html106093:939602:36275139
The U.S. Patent and Trademark Office is extending filing and payment deadlines by 30 days for papers due between March 27 and April 30, inclusive, if a delay was caused by the COVID-19 crisis. The extension comes without cost and covers many filings with the USPTO and Trademark Trial and Appeal Board. Qualifying late-filers merely need to state that the coronavirus materially interfered with their ability to act in a timely fashion.

The USPTO clarifies that “[c]ircumstances that qualify as materially interfering with timely filing or payment include, without limitation, office closures, cash flow interruptions, lack of access to files or other materials, travel delays, personal or family illness, or similar circumstances.” ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36275139.xmlForce Majeure ClausesMichael AtkinsTue, 31 Mar 2020 13:11:18 +0000http://seattletrademarklawyer.com/blog/2020/3/31/analyzing-force-majeure-clauses-in-light-of-the-coronavirus.html106093:939602:36270772
Our friends at Perkins Coie offer a timely analysis of force majeure provisions in the context of the coronavirus crisis. It’s a good means to determine where you (or a contracting party) might stand given the current state of the world.

The place to start in interpreting any contract is with the contract itself. Usually, words are given their ordinary meanings. Therefore, the more force majeure language seems to apply to the coronavirus, the more likely it will control. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36270772.xmlFake reviewsPseudo-brandsUSPTOMichael AtkinsThu, 13 Feb 2020 14:03:27 +0000http://seattletrademarklawyer.com/blog/2020/2/13/amazons-influence-on-trademarks-and-the-rise-of-pseudo-brand.html106093:939602:36258137
The latest is an interesting take on how the Amazon Marketplace has impacted trademark filings. USPTO filings have spiked in recent years simply because Amazon requires a trademark registration before enrolling a seller in its Brand Registry program. Amazon’s program is popular because it gives trademark owners additional tools to fight counterfeiters and control how their brands appear on Amazon’s platform.

In particular, Amazon has led to the rise of “pseudo-brands,” sometimes-temporary, often meaningless trademarks intended to help a seller set itself apart in the crowded Amazon Marketplace. Think FRETREE, MZOO and SPEXCEL. Sellers using pseudo-brands like these rely on user reviews (real or fake), search engine results, and the Amazon name to make sales more than the reputation embodied in their own brands. This strategy is especially popular with Chinese sellers of consumer goods who compete in a particular product market until it’s saturated, then move on to another. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36258137.xmlPetition to Make SpecialTrademark Law ResourcesU.S. Patent and Trademark OfficeMichael AtkinsTue, 04 Feb 2020 14:19:13 +0000http://seattletrademarklawyer.com/blog/2020/2/4/be-strategic-in-expediting-uspto-trademark-filings.html106093:939602:36255623
This means that even if you have priority of rights, your application will be denied if someone filed an application before you for which your trademark is likely to cause confusion — even if the prior filer only beat you by a few minutes or a few days. In such a case, you’d normally need to oppose the prior-filed application to block it (if the application is still pending) or petition to cancel the registration (if the registration has issued).

However, a narrow exception exists. If you are involved in actual or threatened infringement, pending litigation, or have a need to register your trademark in order to secure a foreign registration, for $100, you can petition to make your application “special.” ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36255623.xmlBusiness podcasts; U.S. Patent and Trademark OfficeTrademark Law 101Michael AtkinsThu, 21 Nov 2019 12:35:14 +0000http://seattletrademarklawyer.com/blog/2019/11/21/atkins-ip-talks-trademarks-and-copyrights-on-business-podcas.html106093:939602:36237946
The first session focuses on what entrepreneurs need to know about trademark law — selecting and adopting a trademark, maximizing rights by registering the mark with the U.S. Patent and Trademark Office, and enforcing trademark rights against infringers. It’s all you need to know about trademarks in 49 minutes.

The second session focuses on copyrights. It again is geared to the business owner. It covers copyright protections and limitations, registration, enforcement, common pitfalls of using material taken online, and independent contractor agreements. It spans 45 minutes. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36237946.xmlForeign Trademark OwnersTrademark Law 101USPTOMichael AtkinsWed, 23 Oct 2019 15:49:26 +0000http://seattletrademarklawyer.com/blog/2019/10/23/foreign-trademark-owners-must-use-us-attorneys-to-make-uspto.html106093:939602:36230091
The rule, effective August 3, also means that Canadian patent agents no longer can represent Candadian trademark applicants, registrants, or parties before the USPTO. Canadian trademark attorneys and agents can continue to represent their clients, but cannot correspond with the USPTO.

According to the USPTO, the change is intended to “maintain the accuracy and integrity” of the USPTO’s trademark registers. It ostensibly is in response to an increasing number of “inaccurate and possibly fraudulent submissions” made by foreign-domiciled parties. ]]>http://seattletrademarklawyer.com/blog/rss-comments-entry-36230091.xml