This monthly newsletter is designed to administer guidance on legal affairs appertaining to the practice of intellectual property (IP) law and occurrences related to Patent, Trademark, Copyright, Unfair Competition, Licensing, Computer, Trade Secret Law, IP Litigation, International Filings and IP Consultations. Please contact us if you need any additional assistance.
Radio Show - Critical Mass
Albert Schmeiser on OC Talk Radio Show
Critical Mass
  

Sincerely,
Albert L. Schmeiser
Schmeiser, Olsen & Watts LLP
480-655-0073 
Like us on Facebook   Follow us on Twitter   Find us on Google+   View our videos on YouTube   Visit our blog   Find us on Pinterest   View our profile on LinkedIn
 
Why You Need a Trademark Attorney
Many startups and small businesses make the mistake of not involving a trademark attorney early in the trademark application process, believing that filing for a trademark is a simple process since you can do it online.

However, doing it yourself will not always save you money -- and could wind up costing you both monetarily and by losing important trademark protection. Some of the most common mistakes those who choose to file for trademark protection without help from an intellectual property attorney include:
  • Selecting the wrong trademark class or not identifying your goods or services properly.
  • Choosing the wrong filing basis. There are two filing bases from which to choose: use of the mark in commerce and intent to use the mark in commerce. Not understanding the difference can lead to a registered trademark that offers little or no protection.
  • Submitting the wrong trademark specimen. You are required to submit a specimen showing how the trademark will be used. If you submit the wrong type of specimen, you may not have your trademark application approved.
Trademark registration is a legal process that is best undertaken with the help of a qualified trademark attorney who can:
  • Pinpoint any problems that may occur with your trademark application by conducting a more thorough trademark search among common law and state registered marks.
  • Assess the strength of your trademark and make any necessary recommendations for strengthening it.
  • Advise you on how your trademark should be used to ensure it has the maximum protection.
  • Create a trademark application that meets all USPTO requirements.
  • Provide insight into whether or not your trademark application will be approved.
  • Handle any issues that may arise after the trademark application has been filed.
  • Assist you with the enforcement of your trademark to avoid infringement.
An investment in the proper legal counsel upfront can save you the time and expense of having to contend with a trademark application that has been filed improperly.

Nestlé's Attempt to Trademark Candy Bar Shape Soured by EU Court Decision
The European court of justice has rejected candy maker Nestlé's bid to trademark the shape of its KitKat candy bars, ruling that it was not distinct enough for consumers to associate it with the brand.

Nestlé had sought to trademark the four-fingered shape of its KitKat bar in the UK, an effort that was met with resistance by European competitor Cadbury. The UK Trade Marks Registry rejected Nestlé's application to trademark the shape of the KitKat bar in 2013 when Cadbury opposed it.

Nestlé claimed that since the chocolate bar was introduced 80 years ago, its four-fingered shape has been almost exclusively associated with the KitKat name.  KitKat bars are also made in a two-bar shape, which Nestlé has not attempted to trademark.

In June, the advocate general of the European court of justice said that Nestlé's attempt to trademark the KitKat shape did not comply with EU trademark law.

The dispute between Nestlé and Cadbury will continue when both return to court later this year to hear a final ruling on whether KitKat copycats can be sold in the UK.

About Schmeiser, Olsen & Watts LLP

Schmeiser, Olsen & Watts LLP focuses exclusively on the practice of intellectual property (IP) law and covers all components related to Patent, Trademark, Copyright, Unfair Competition, Licensing, Computer, Trade Secret Law, IP Litigation, International Filings and IP Consultations.  By specializing in acquiring, protecting and managing ideas and innovations, the patent invention lawyers of Schmeiser, Olsen & Watts stay abreast of all new rules and regulations governing the protection of unique ideas. This allows us to skillfully guide our clients through the legal corridors of intellectual property law, thus avoiding or removing obstacles and pitfalls they might encounter along the way.

The patent lawyers, support staff, and industry experts of Schmeiser, Olsen & Watts possess extensive training and experience in a broad range of technical fields, with 100% of our attorneys holding scientific or technology-related undergraduate or graduate degrees. Our patent attorneys and technical specialists represent virtually every major industry or growing field of research. The technological education and expertise of the law firm's members include:
  • Biotechnology
  • Pharmaceutical
  • Mechanical
  • Biomedical Devices
  • Internet / E-commerce
  • Electrical
  • Software Development
  • Clean Energy
  • Nanotechnology
  • Chemical
  • Materials Semiconductor Processing & Fabrication
Finally, Schmeiser, Olsen & Watts LLP is committed to advancing its body of knowledge and assisting in the development and improvement of regulations pertaining to patent and intellectual property law.

Members of the firm actively conduct seminars, give lectures, teach courses at institutions of learning, and participate in various organizations and committees dealing in technology and intell ectual assets.