October 2013

  • Trade Dress – Whiskey Bottle Showdown

    Trade Dress – Whiskey Bottle Showdown

    Anthony Cartee

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    Trade Dress – Whiskey Bottle Showdown David Versus Goliath in Whiskey Bottle Showdown Trade Dress Showdown – One of the iconic, uniquely American products out there is Tennessee Whiskey.  With rugged, outlaw roots stemming from the days of moonshining and prohibition but now accepted the world over as a highly sought after beverage, even the term Tennessee Whiskey tends to evoke a certain image, perhaps even a certain nostalgia. Jack Daniel’s Trade Dress Certainly these mental images, or customer associations in trademark-speak, can give rise to legal problems.  One such case was recently filed by Jack Daniel’s, maker of the… Read More

  • Trademark Registration Process Part 3

    Trademark Registration Process Part 3

    Anthony Cartee

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    The Trademark Registration Process Part 3 Trademark Registration Process Part 3 – In Trademark Registration Part 2 of the trademark registration process we looked at the process for obtaining Federal registration of a mark.  Today, in tademark registration process part 3, we conclude with some miscellaneous, but still important, issues in the trademark registration process. State Registration The first step in the the trademark registration process is state registration.  State trademark registration is not as ‘strong’ as federal registration, mainly because there isn’t the kind of strong examination for conflicts with prior marks or abandoned or cancelled marks that there… Read More

  • Can Government Entity Trademark Insignia?

    Can Government Entity Trademark Insignia?

    Anthony Cartee

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    Can Government Entity Trademark Insignia? Government Entity Trademark Their Insignia? – Today we look at an interesting case, In Re City of Houston, before the United States Court of Appeals for the Federal Circuit.  This case consolidated two cases, one brought by the city of Houston, Texas, and the other by the government of the District of Columbia, that asked the same basic question.  In both cases the local governmental entity sought federal trademark registration of their official insignia, e.g. their seal. Background of the Cases Both Houston and DC – each a government entity – sought to trademark their seals as… Read More

  • The Trademark Registration Process Part 2

    The Trademark Registration Process Part 2

    Anthony Cartee

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    Registration Process for Trademark Part 2 Registration Process – Part 2 – Once the use in commerce (or intent to use) requirement is satisfied by the aspiring trademark registrant, the next step is to file an application for Federal registration with the United States Patent and Trademark Office (“USPTO” or “Trademark Office”).  The use requirement is referred to as the “basis for filing” by the USPTO. Trademark Application The registration process trademark application covers formalistic requirements that identify both the filer and necessary details about the trademark.  For instance the name of the filer, correspondence address, drawing of the mark, type… Read More

  • The Trademark Registration Process – Part 1

    The Trademark Registration Process – Part 1

    Anthony Cartee

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    The Trademark Registration Process Trademark Registration Process – How does one go about registering a trademark?  What are some of the requirements in order to obtain protection?  There are many steps and several issues to consider, but overall the process is not arcane or excessively complicated (unlike, for instance, the steps necessary to obtain a utility patent).  Federal Trademark registration is handled by the United States Patent and Trademark Office. Trademark Search To be registrable, a trademark cannot already be owned by someone else.  Thus the first step is to conduct a trademark search.  Various private companies and even some attorneys offer… Read More