Trademarks Issued

November 17, 2014

Indiana Trademark Law: Some Basic Facts About Trademarks

What is a trademark?

A trademark is generally a word, phrase, symbol, or design, or a combination of these

elements, that identifies and distinguishes the source of one party’s goods from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than goods. The terms “trademark” or “mark” are commonly used to refer to both trademarks and service marks. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods and/or services listed in the registration.

November 12, 2014

165 Trademark Registrations Issued to Indiana Companies in October 2014

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 165 trademark registrations to persons and businesses in Indiana in October 2014 based on applications filed by Indiana trademark attorneys:

Reg. No.	Word Mark	Click to View
4616762	CUE CANDY	VIEW
4630232	BERRY ESSENTIALS	VIEW
4628883	IP BAR	VIEW
4630201	MEDAPPAREL	VIEW
4628574	CERA	VIEW
4628564	INTERPRO	VIEW
4628555	ALBERT’S	VIEW
4628480	HOME PRO	VIEW
4628274	CAMPERSWEATHER.COM	VIEW
4628192	TRAIL RATIONS PURE HONEY	VIEW

October 10, 2014

Trademark Update: eTAS Enhancements

By Overhauser Law Offices, LLC

The following improvements were made by the United States Patent and Trademark Office to the Electronic Trademark Assignment System (“eTAS”) during fiscal year 2014. These enhancements are designed to facilitate filing and recording assignments with the Assignment Recordation Branch.

NEW CONVEYANCE TYPES: Added three new Conveyance Types to improve database specificity and reduce the need to file two documents in the case of a merger involving a name change:

Merger and Change of Name” allows customers to select both conveyance types in a single submission
Entity Conversion
Court Order

ORDER OF RECORDATION: Added a method for customers to designate the order of recordation for multiple, related assignment submissions.

PHONE COMMUNICATION: Introduced new service in which the USPTO will contact customers by phone: (1) to resolve recordation issues rather than issuing a Non-Recordation Notice, and (2) to help identify potential typographical errors that might result in the filer having to file a subsequent corrective assignment.

ELECTRONIC RESUBMISSION: Added electronic resubmission capability allowing customers who receive a Non-Recordation Notice to resubmit the corrected paperwork electronically.

COUNTRY CODES: Updated and reordered country codes in the eTAS (1) to be consistent with other USPTO systems such as the Trademark Electronic Application System and (2) to enable the USPTO to add and delete countries from the list.

SPECIAL CHARACTERS: Added the ability for customers to enter special characters in the name fields in eTAS. For example, customers may now enter a corporation called XYZ*, Inc. as a name.

NOTICE DELIVERY: Instituted delivery of recordation notices via three methods in succession: (1) first attempt is via email, (2) if email is unsuccessful, then send via fax and, (3) if fax is unsuccessful, then send via postal mail.

VERIFICATION: Added a statement to the validation page requiring a filer to verify that he/she is aware that the unauthorized use of eTAS is a misrepresentation to the federal government, is prohibited and is subject to criminal and civil penalties. This change was made in an attempt to prevent the filing of false transfers against another’s property.

October 8, 2014

185 Trademark Registrations Issued to Indiana Companies in September 2014

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 185 trademark registrations to persons and businesses in Indiana in September 2014 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark	Click To View
4596040	ESG SECURITY	VIEW
4611624	AROUND THE CLOCK SPORTS TALK	VIEW
4609858	EVERY CONTACT MATTERS	VIEW
4609713	CENTERFIRST	VIEW
4609559	GOD ROCKS	VIEW
4609463	LEAF	VIEW
4609273	REAL PURITY	VIEW
4609053	GRAND DESIGN	VIEW
4608998	B. HAPPY PEANUT BUTTER	VIEW
4608976	OMNI HEALTH AND FITNESS	VIEW
4608873	SPRINGBUK	VIEW
4608870	THE POWER OF BEST	VIEW
4608869	STORYTIME SERIES	VIEW
4608863	PENTREXFLU	VIEW

September 3, 2014

192 Trademark Registrations Issued to Indiana Companies in August 2014

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 183 trademark registrations to persons and businesses in Indiana in July 2014 based on applications filed by Indiana trademark attorneys:

Reg. Number	Mark	Click to view
86188876	SABOTAGE	View
86158448	PL”8″TED	View
86151387	KINGFISHER	View
86146172	TURTLEBACK	View
86134928	TEAM FILM	View
86133861	THE TRAVEL ADDICT	View
86133176	COMPASSION KEY	View
86126781	BAD MAMMA JAMMA FITNESS	View

August 1, 2014

183 Trademark Registrations Issued to Indiana Companies in July 2014

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 183 trademark registrations to persons and businesses in Indiana in July 2014 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark	Click to view
86188876	SABOTAGE	View
86158448	PL”8″TED	View
86151387	KINGFISHER	View
86146172	TURTLEBACK	View
86134928	TEAM FILM	View
86133861	THE TRAVEL ADDICT	View
86133176	COMPASSION KEY	View
86126781	BAD MAMMA JAMMA FITNESS	View
86121883	IRONWOOD BREWING CO	View
86120959	TOTAL DENT & HAIL RESTORATION LLC HAIL YES WE CAN FIX IT!	View

June 19, 2014

USPTO Cancels Redskins Trademark as “Disparaging” to Native Americans

By Overhauser Law Offices, LLC

Washington, D.C. – The opinion in Blackhorse v. Pro Football, Inc., TTAB Cancellation No. 92046185, resolved the petition of five Native Americans who filed for the cancellation of six “Redskins” trademarks with the U.S. Patent and Trademark Office (“USPTO”).

Yesterday, in a 177-page opinion, the Trademark Trial and Appeal Board (“TTAB” or “Board”) canceled six trademark registrations belonging to The Washington Redskins. All of the trademark registrations included the term “Redskins.”

Trademark attorneys for the petitioners argued that the term “Redskins” was disparaging of Native Americans. Under 15 U.S.C. § 1052, registration of a mark may be denied if that mark “Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”

June 6, 2014

173 Trademark Registrations Issued to Indiana Companies in May 2014

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 173 trademark registrations to persons and businesses in Indiana in May 2014 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark	Click to View
4540937	BESTSEOS	Live
4537793	USA FUNDS LIFE SKILLS	Live
4537740	POWERED BY POO	Live
4537739	POWERED BY POO FAIR OAKS FARMS	Live
4537720	RBX	Live
4537611	UNDER THE SEA-SONINGS	Live
4537582	ASSESS.IMPROVE.OPERATE.	Live
4537574	SEE LIFE DIFFERENTLY	Live
4537449	LIFE SKILLS	Live
4537406	PUTTING HISTORY TO WORK IN THE WORLD	Live
4537206	SMART SEGMENTS	Live

May 21, 2014

USPTO Proposes Reducing Certain Trademark Fees

By Overhauser Law Offices, LLC

Washington, D.C. – The U.S. Commerce Department’s United States Patent and Trademark Office (“USPTO”) recently issued a Notice of Proposed Rulemaking (“NPRM”) proposing to reduce fees for many new trademark applications and most renewals of registration. USPTO also proposes a new Trademark Electronic Application System Reduced Fee (TEAS RF) filing option in addition to reducing filing fees for both applications filed using the current Trademark Electronic Application System Plus (“TEAS Plus”) option and applications for renewal of a registration filed through Trademark Electronic Application System (“TEAS”).

“The proposed fee reductions advance the USPTO’s core mission of serving the public in the most efficient and cost-effective manner possible,” said Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee. “Lower fees will lessen the burden for entrepreneurs to obtain the crucial trademark protection they need to grow their businesses, while increased electronic processing improves agency efficiency.”

Prior to issuing the NPRM, the USPTO published a notice of inquiry to provide the public with an opportunity to comment on possible adjustments to trademark application fees. Public comments overwhelmingly favored a fee reduction with many expressing a desire for a lower-cost electronic filing option without any restrictions on the nature of the identification of goods and services, as is required under TEAS Plus.

May 5, 2014

146 Trademark Registrations Issued to Indiana Companies in April 2014

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 146 trademark registrations to persons and businesses in Indiana in April 2014 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark	Click to View
4523691	FINANCING EXCLUSIVELY FOR INSURANCE PROFESSIONALS	View
4522026	EVERYONE LOVES OViewR	View
4521898	TRANSFORMATIONAL THEOLOGY	View
4521893	LEADERS BUILD LEADERS	View
4521824	CHOCOLATE SOLDIER	View
4521682	MRC	View
4521661	WTIU	View
4521660	WFIU	View
4521587		View
4521348	LADY HOUDINI	View