You Can Now Trademark Whatever You Want Thanks to Supreme Court ‘FUCT’ Ruling ** Attorney Advertising**
Thanks to a controversial new ruling handed down by the United States Supreme Court, businesses and brands can now trademark pretty much whatever they want, including marks once considered “immoral” and “scandalous”, as a right of free speech. The ruling was issued following a lengthy court battle by designer Erik Brunetti, whose desired trademark ‘FUCT’ […]
The USPTO Says My Trademark is Confusingly Similar to Another. Now What? **Attorney Advertising **
One of the most common reasons that the United States Patent and Trademark Office will refuse an application for a trademark is that the mark in question is “confusingly similar” to a trademark that is already federally registered or to a pending application owned by another party under Section 2(d) Refusal – Likelihood of Confusion, […]
Punctuation Matters When Applying for a Trademark ** Attorney Advertising **
After being caught up in the college admissions scandal earlier this year, Olivia Jade Giannulli found herself making news for an unrelated blunder: her beauty trademarks were temporarily denied due to poor punctuation. Admittedly, the daughter of actress Lori Loughlin and fashion designer Mossimo Giannulli did not file the trademark application on her own, but […]
Can I File for a Trademark if the Product or Service I Offer is Free? **Attorney Advertising **
Recently the following question about a podcaster was presented: “I want to trademark the name of my podcast, but I’m a little confused about my ability to do so. My podcast is free. I don’t have any advertisers and the content that I offer is accessed by my listeners at no charge. If I’m not […]
Is Trademarking the Legal Name of Your Company Necessary? **Attorney Advertising **
As your business forms and you choose a unique name that you plan to operate under, you may wonder if it’s necessary to trademark the actual legal name that you plan to use for your company. As with most things in intellectual property law, the answer is that it really depends on the situation. The […]
Trademark, Copyright, or Patent: Which Do I Need? **Attorney Advertising **
When it comes to protecting one’s intellectual property, there are a number of legal tools that a business owner or entrepreneur can use to safeguard their assets and prevent others from stealing their work. The terms trademark, copyright, and patent are often mistakenly used interchangeably, but it’s important to note that these are all very […]
Can I Save Time and Money by Registering My Trademark in My State Only? ** Attorney Advertising
Business owners or brands who wish to protect their trademarks have two options for doing so: they can register their marks with the federal government by filing with the United States Patent and Trademark Office (USPTO), or they can register their trademark in the state in which they reside and do business. State registration of […]
Should I Apply for My Trademark in My Personal Name or The Name of My Corporate Entity? **Attorney Advertising**
When filling out an application for trademark protection with the United States Patent and Trademark Office (USPTO), one of the very first questions the applicant will be asked for is the name of the owner of the mark in question. At first glance, this may seem like a simple question and you may be tempted […]
You Can Lose Your Trademark If It Becomes Too “Generic” **Attorney Advertising**
A trademark is a word, symbol or phrase that is used to identify the source of a particular product. Because a trademark works to uniquely set apart the source of a product from other brands and service providers in the marketplace, the United States Patent and Trademark Office requires that a trademark be unique and […]
Trademark Owners: If You Receive an Email About Changes to Your Trademark Application or Registrations, It May Be Scam **Attorney Advertising **
The United States Patent and Trademark Office (USPTO) recently put out an alert regarding a new scam in which unauthorized parties use the Trademark Electronic Application System (TEAS) to file changes to accounts in an attempt to register the marks of others on third-party brand registries. Trademark owners are being warned to watch for emails […]
