Earlier today I wrote a blog article about a trademark application that had been filed by Ohio State University for the word “the”.  I predicted that it would get refused as “merely ornamental”.  But alert reader Edward Weller drew my attention to an earlier trademark application in which someone else also seeks trademark protection for the word “the”.  You can see the TSDR record here. Continue reading →

It is all over the news that Ohio State University has filed a trademark application for the word “the”.  I predict that the USPTO will mail an Office Action refusing registration in this trademark application.  Here’s why. Continue reading →

Sometimes a trademark practitioner will have a pending US trademark application (“the Junior Application”) that has been suspended pending the disposition of an earlier application (“the Senior Application”). And sometimes the Senior Application will “have one foot in the grave” in the sense that it has received a Notice of Allowance and has not, apparently, timely filed a Statement of Use. In such a case, the natural question is, how long does it take the USPTO to get around to formally declaring the Senior Application abandoned? I looked at a couple of recent cases to see. Continue reading →

The ninth annual E-Trademarks Listserv reception took place on Tuesday, May 22 in Boston. It was a complete success. Thanks to Will McGuire for these great photographs!

Meet the Bloggers XV took place on Monday, May 20 in Boston. It was a great success. Here are the bloggers who were in attendance — from left: yours truly, Pamela Chestek, Tara Aaron, Marty Schwimmer, John Welch, Ron Coleman, and Erik Pelton.