Dueling OCTOMOM Trademark Applications Filed with the U.S. Patent & Trademark Office

Like most people (at least I would like to think most people), I find the whole OCTOMOM story ridiculous. She has single handedly ruined the name Nadia for me – a great name which I was going to give to my future daughter until now. I even go out of my way to avoid reading or watching any tabloid stories on Nadya Suleman just so that I won’t play a part in the media frenzy feeding into her octo-ego.

Despite my self-imposed OCTOMOM embargo, I cannot help but make a one-time exception with a link to Tamera Bennett’s ©reateP®otect blog post (which cites The Smoking Gun) about the dueling intent-to-use trademark applications for OCTOMOM pending at the U.S. Patent and Trademark Office– one filed by a Texas company, Super Happy Fun Fun, Inc., on March 10, 2009 covering three classes (computer games, toys, and providing online games) and the other two filed by “Nadya Suleman AKA Octomom” on April 10, 2009 (the first for disposable diapers, dresses, pants, shirts, and textile diapers and the second for an on-going television variety program).

As Bennett notes, Super Happy’s application was filed first and will have priority before the PTO and could even serve to block Suleman’s applications. Of course, I would imagine that Suleman will try to oppose registration of Super Happy’s mark on the basis that the media coverage she has received worldwide has (sadly) made the word OCTOMOM famous as a term identifying Suleman . . . albeit in connection with services in the nature of a media harlot exploiting her eight newborns for the sake of her personal ambitions for fame.

Michael E. Hall Ups The Ante In The Trademark Blawgosphere

Those of us in the small world of trademark blogs already know Michael E. Hall for his comments and insights on trademark law which he often posts on other trademark blogs.

Well Michael has finally decided to take the plunge into the legal blogosphere by starting his own trademark law blog – Registration Ruminations (admittedly a better blog name than Las Vegas Trademark Attorney).

Michael, who is now hanging his own shingle, brings his experience as an examining attorney at the U.S. Patent and Trademark Office as well as a lawyer in private practice at the intellectual property law firm Knobbe Martens Olson & Bear.

I would like to welcome Michael to the party and look forward to reading his regular ruminations on the world of trademark prosecution before the U.S. Patent and Trademark Office. (Check out his recent post explaining the details on how PTO Examining Attorneys are evaluated for purposes of bonuses – a valuable insight for all trademark practitioners). Anybody else out there who regularly follows trademark blogs should certainly add his blog to your blogroll. Good luck Michael.

PTO revises proposed rules for Requests for Reconsideration of a Final Office Action in Trademark Cases

On April 28, 2008, the U.S. Patent and Trademark Office ("PTO") withdrew its previous proposal (link here) to amend the Rules of Practice in Trademark Cases to require a request for reconsideration of an examining attorney’s final refusal to be filed through the PTO’s Trademark Electronic Application System (‘‘TEAS’’) within three months of the mailing date of the final action.

After receiving comments about the shortened deadline period in which to file requests for reconsideration, the PTO determined that the benefits that would be achieved by the shortened deadline did not outweigh the objections expressed by some commenters.

As for mandatory filing through TEAS, the PTO is now proposing an alternative rule requiring a fee of $50 for filing a request for reconsideration on paper. No fee would be required for a request for reconsideration filed through TEAS; however, a TEAS Plus applicant who files a request for reconsideration on paper would also be responsible for the fee for the loss of TEAS Plus status pursuant to §§ 2.23(b) and 2.23(a)(1)(i).

The PTO’s Notice can be downloaded here. Comments to the proposed rule must be received by June 27, 2008.

USPTO Celebrates Trademarks with National Trademark Expo

"T. Markey"

The U.S. Patent and Trademark Office (“USPTO”) is hosting the National Trademark Expo from Thursday, April 10 to Saturday April 12. The Expo is free and open to the public from 10 a.m. to 6 p.m. at the USPTO’s Madison Building atrium, 600 Dulany Street in Alexandria, Virginia.

The Expo will feature various exhibits showing the history and evolution of trademarks and illustrating the many kinds of trademarks, including the more unusual trademarks for sound, configuration, color, motion and scent.

Such trademark characters as the Pillsbury Doughboy, M&M Candy, Smokey Bear and Sprout are scheduled to appear along with a list of exhibitors showcasing their own trademarks as well as their efforts to protect and enforce their trademark rights.

Also making an appearance to discuss the importance of trademarks to small businesses is Anson Williams, the actor who portrayed “Potsie” on the TV series Happy Days and who now owns a California-based cosmetic company named Starmaker Products®.