Common Law vs. Registered Trademarks: Is “Just Using It” Enough? **Attorney Advertising**
You’ve picked the perfect name for your business, designed a great logo, and started using them everywhere. That means you own the trademark, right? Well, yes and no. While using your trademark does give you some rights, relying solely on “common law” rights might leave your brand more vulnerable than you’d like. The Power of […]
Border Control: How Your Trademark Registration Fights Counterfeits **Attorney Advertising**
Picture this: A shipping container full of knockoff versions of your product is headed to U.S. shores. Without a registered trademark, those fakes might slip right through customs and into the market, damaging your brand’s reputation and your bottom line. But with the right registration strategy, you can turn U.S. Customs and Border Protection (CBP) […]
What Counts as “Use in Commerce” for Your Trademark? **Attorney Advertising**
Many entrepreneurs are surprised to learn that simply printing business cards or launching a website isn’t enough to establish trademark rights. “Use in commerce” has a specific legal meaning that goes beyond just announcing your brand to the world. Let’s demystify what really counts. The Legal Standard For trademark purposes, “use in commerce” means your […]
Someone’s Using My Desired Trademark Abroad: Can I Still Register in the U.S.? **Attorney Advertising**
If you’ve discovered someone is using your desired trademark in another country, but you’re focused on doing business in the United States, there’s generally fine. Trademark rights are territorial, which means rights in one country typically don’t prevent registration in another. Understanding Territorial Rights Think of trademark rights like real estate – owning property in […]
Understanding Trademark Strength: From Basic to Brilliant **Attorney Advertising**
Your trademark might be registered, but its true strength isn’t set in stone. Like a muscle, a trademark’s power can grow or weaken over time, depending on how you use and protect it. Let’s explore how your mark’s strength evolves in the real world of business. How Strong Marks Can Weaken Think of trademark strength […]
From Viral Moment to Protected Asset: What Every Creator Needs to Know **Attorney Advertising**
Social media can transform an ordinary phrase into a cultural phenomenon overnight. Just ask Jools Lebron, whose “very demure, very mindful” TikTok catchphrase exploded across platforms, made it to late-night TV, and even found its way into political commentary. But when she tried to protect her viral creation legally, she discovered what many creators learn […]
Understanding Trademark Strength: From Basic to Brilliant **Attorney Advertising**
Have you ever wondered why some brand names are instantly recognizable while others fade into the background? It all comes down to trademark strength. Let’s explore this concept together and see how it can make or break your brand. The Trademark Strength Spectrum Trademarks fall on a spectrum of strength, ranging from the weakest to […]
Test It Before You Change It: The Power of Market Research in Trademark Overhauls **Attorney Advertising**
You’ve spent years building your brand. Now, in a burst of creative energy, your team has crafted what they believe is the perfect refresh. It’s modern, it’s sleek, and it captures your company’s evolving vision. But before you rush to unveil your shiny new trademark to the world, consider this: What if your customers hate […]
Protecting Your Viral Catchphrase: The “Very Demure” Trademark Dispute
In the age of social media, a catchy phrase can spread like wildfire overnight. But what happens when your unique slogan takes off and you haven’t protected it legally? The recent “Very Demure, Very Mindful” case involving Jools Lebron serves as a stark reminder of the importance of trademark protection. Why Trademarks Matter Copyrights and […]
The Fine Line Between Similarity and Infringement **Attorney Advertising**
Trademarks are designed to identify the source of goods or services to consumers. When two trademarks are so alike that they might cause confusion, mistake, or deception among consumers, infringement might be at play. But not every similar mark is a threat. How do you tell the difference? Visual, Conceptual, and Phonetic Similarities The first […]
