Can scandalous or vulgar terms identify the source of a product or service?

Can scandalous or vulgar terms identify the source of a product or service? According to US laws NO, scandalous and/or vulgar terms are not protectable as a trademark regardless of the fact that the term may identify the source of the goods or service. In the case of In re Fox, the Federal Circuit affirmed […]

Are all alcoholic beverages related? ATELIER vs. ATELIER WINERY

When it comes to protecting your brand, the answer is a resounding YES! Alcoholic beverages are considered related to reduce likelihood of confusion among brands. The Trademark Trial & Appeal Board (“TTAB”) recently ruled in In Re Maestro Tequilero, S.A. De C.V., 77904774, 2012 WL 6137587 [Trademark Tr & App Bd Nov. 29, 2012]  that […]

Conducting Searches on a Trademark Before Filing

When you have created a Trademark and are excited to submit an application to get the ball rolling it can be difficult to slow down and look at everything clearly. However, that is exactly what you should do. One of the most important steps in filing for a Trademark is conducting a comprehensive search on […]

Differences Between Patent, Copyright, Trademark and Trade Secrets

Intellectual property is a valuable and sometimes overlooked area of business. If you or your company have a unique invention or creation it may be beneficial for you to take advantage of Intellectual Property laws, but which one? Depending on what form your Intellectual Property is in, there are four different avenues you can take […]

Intellectual Property and How it Affects Your Website

The same rules of Copyrights, Patents and Trademarks apply in the virtual world as in the physical world. When you design and continue to update your website the logos, pictures, videos, software and content that you use have to be either owned by you or you must have permission to use them. Using articles and […]