Careful planning, involving clear, appropriately scoped descriptions of goods/services, correct specimens, and the right applicant, cuts the risk of rejection or weakened rights. Investing in a proper clearance and experienced counsel up front saves time, money, and legal headaches down the road.
Read MoreWhile hashtags can now be registered as trademarks when they function as source identifiers, not all hashtags qualify for protection. Brand owners should approach hashtag branding with the same diligence as traditional trademarks, ensuring distinctiveness and proper commercial use before seeking registration.
Read MoreWhile trademarks can appear on screen without permission in certain contexts, productions that respect brand purpose, avoid consumer confusion, and take steps to mitigate risk are far less likely to find themselves in costly disputes with brand owners.
Read MoreWhen various elements used to promote a product or service are inherently distinctive, or have acquired secondary meaning, they are entitled to protection as “trade dress.” This allowed Coca-cola to release a version of its red can without any explicit mention of the brand’s name.
Read MoreIncontestable trademarks provide conclusive evidence of validity, ownership, registration, and rights to use the mark. Once a mark has attained registration status through a Declaration under Section 15 of the Lanham Act, the mark can no longer be cancelled for descriptiveness. However, abandonment, genericness, and functionally are still viable challenges to an incontestable mark.
Read MoreA trademark registration with the USPTO can provide many benefits that will assist with the growth of any brand. These benefits include nationwide brand protection, streamlining disputes, and limiting undue competition. Given the complexity and nuance involving trademark applications, it is advisable to retain the assistance of an experienced trademark attorney to maximize these benefits.
Read MoreThe Madrid Protocol refers to an international treaty that streamlines the trademark application process by allowing a single international application to apply to multiple countries.
Read MoreThe USPTO is the government body responsible for granting patents and registering trademarks, two prominent forms of intellectual property.
Read MoreAn office action is a notification administered by the USPTO detailing issues with a trademark application that require attention before a registration can be granted.
Read MoreWhile you can file a trademark without an attorney, it is highly advisable to hire a licensed attorney with trademark experience to assist when filing your application.
Read MoreA trademark licensing agreement is a legal contract between a trademark owner and another party that have agreed to use the trademark on preapproved terms decided between the contracting parties.
Read MoreRegistering a trademark is an important part of building a brand and growing name recognition. The process of registering a trademark, however, can be a time-consuming and confusing. Without the aid of a trademark attorney, filers commonly make the same mistakes when they undertake the procedure.
Read MoreIt is possible to have a trademark without registering it with the United States Patent and Trademark Office. This is known as a common-law trademark, typically signified by a TM after the mark. However, there can be several advantages to registration including nation-wide rights, ability to use the circle “r” symbol, priority over other users, and more.
Read MoreSince very early in history, symbols have been used to signify the source of a good or service (e.g., branding cows to designate ownership). In today’s commercial world, it is virtually impossible to avoid the use of trademarks used in conjunction with goods and services in the marketplace.
Read MoreThe Trademark Electronic Search System (“TESS”) is a public online database that can be used for searching United States Patent and Trademark Office (“USPTO”) pending and registered trademarks. TESS contains both active and inactive trademark registrations, as well as applications.
Read MoreMany brand owners, entrepreneurs, and company executives underestimate the value of registering a trademark. Trademarks can play an important role in growing your brand or company because they can serve as a brand identifier.
Read MoreIn the information age, companies have the ability to reach potential consumers worldwide through social media, email campaigns, and Internet marketing, as well as through traditional marketing channels. However, opportunistic and unscrupulous people use many of these same tools to sell counterfeit goods and trade on the good names and strong brands of others.
Read MoreTrademark management is an important part of maintaining an intellectual property portfolio. Intellectual property attorneys, specifically trademark attorneys, have expertise in helping clients consolidate their trademark holdings to ensure their clients’ intellectual property is properly protected.
Read MoreAttorneys help trademark owners navigate through the application and prosecution process to achieve registration, as well as maintenance of those rights.
Read MoreTrademarks are intellectual property rights that can be established in common law, without the need for registration. However, registration of a mark at either the state or federal level provides important benefits. Registration creates a public record of the claim to those rights providing notice to third parties, which is important in a dispute regarding those rights.
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