smar(tm)ark® trademark newsletter from Erik Pelton

June 2020

A trademark application is just as much of an art as it is a science.Very little in trademark law is black and white, there is a lot of of grey area and nuance. Preparing a trademark application and maximizing the odds of success is not just about rules and words and numbers, but about strategy, experience, spectrums, people, wisdom, history, risks, and much more. Of course, there is also a more scientific aspect: data, numbers, details, and more. Combined, the blend of art and science are why:

trademarks are fascinating.
trademarks are challenging.
experience is valuable, and
machines cannot replace counsel.

For all these reasons, I find trademark work fascinating, new, complex, challenging, and rewarding every single day.

The Rainbow After the Storm

Despite mother nature's strength and power, every storm is followed by a rainbow.

The strongest brands are weathering the storm overhead, while also preparing for the better weather to come.

Brand Management in Times of Crisis:

A conversation with Brad Phillips

I recently recorded a special video and podcast episode with with Brad Phillips of Throughline® for a discussion about how businesses both big and small are managing - some successfully, some not - the coronavirus pandemic and the related challenges facing brands. We also talked about the importance of trademark and intellectual property protection, and share some of the work done by Throughline.

Watch our discussion here:

Reprehensible applications filed after the

killing of George Floyd

The killing of George Floyd and the ensuing protests throughout America brought about a flood trademark filings - like just about any other major event in the news. The efforts to capitalize on this tragedy are reprehensible, in my opinion, in some instances. I was quoted in several recent news articles for my tweets on this topic.

Businesses try to trademark phrase 'I can't breathe' (The National)
"Reprehensible" GEORGE FLOYD and I CAN'T BREATHE trademark applications filed (World Trademark Review)

Thank you to all those who reached out to comment on ebook sent last month! And to those who have left reviews on Amazon for my Building a Bold Brand book. Your support and feedback means a lot to me.

If there are any topics or issues you would like to see covered here, let us know!

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This publication has been prepared for the general information of clients and friends of the firm. It is not intended to provide legal advice with respect to any specific matter. Under rules applicable to the professional conduct of attorneys in various jurisdictions, it may be considered advertising material.