Trademarks Are Magic Profile picture
#Trademarks Lawyer, Clinical Professor of Law @UNHLaw, formerly @uspto, @CopyrightOffice. Board Certified Specialist in Trademark Law. https://t.co/j8TuZCrCrv
Aug 9, 2023 9 tweets 2 min read
In a sense, the language
"The mark consists of . . . "
in a mark description is the
"Once upon a time . . . "
of an application for registration
where you get to tell the story
of the mark's distinctiveness

#trademarks Come along and listen to this tale:

"The mark consists of (a) a shower curtain wherein the curtain lacks any hooks protruding above the upper edge of the curtain, so that the shower curtain provides the visual appearance of an essentially "neat" and "orderly" upper edge . . .
Sep 4, 2020 8 tweets 4 min read
#Trademarks Searching Isn't Always Hard:

For instance, before applying to register a mark containing the phonetic equivalent of

BARBIE

one might simply look to see how other non-Mattel BARBIE applications for registration have fared:

tsdr.uspto.gov/#caseNumber=90… We could simply start by entering:

barbie[mi]

in the TESS Free Form search field.

[mi] stands for "mark index":

tmsearch.uspto.gov/webaka/html/he…
Aug 7, 2020 8 tweets 4 min read
let's say we wanted to search TESS for word marks that could be considered similar to IGUANA, we could start by truncating the i at the beginning with an asterisk which takes the place of zero or more continuous characters (since it's hard to trust initial vowels) Image while we're at it we can throw an asterisk on the end too since final letters are often literally the last things to differentiate marks Image