Literal vs. Stylized Marks: What You Need to Know Before Trademarking Your Logo **Attorney Advertising **
Thinking of trademarking your logo? You may first want to sit down with a trademark lawyer to talk about your reasons for filing and the elements of your logo that you ultimately wish to protect. Here’s why: Your “Logo” Is More Complex Than You Think Legally speaking, your logo is more than a cool graphic […]
Trademarks and Food ** Attorney Advertising **
Food products are subject to steep competition, especially with our culture’s ever-increasing interest in food and cuisine. Producers, manufacturers, and other artisans are continually fighting for shelf space and the attention of the consumer. A great way to make your product stand out in the crowd is to brand smartly and trademark your product or […]
Is Satire or Mimicking a Trademark Protected under Fair Use? **Attorney Advertising**
Freedom of expression means that the government doesn’t interfere with an individual’s right to express their thoughts or feelings, so long as the expression doesn’t invoke or cause any immediate harm or danger. You can’t yell “fire” in a crowded theater, but you can create an entire three-act opera making fun of a public figure […]
Fair Use of Trademarks **Attorney Advertising**
A trademark is a word or symbol that distinguishes one business, product, or service from all other similar businesses, products, and services. Misuse of another’s trademark is a legal violation. However, there are instances when another party can use someone else’s trademark without getting in trouble if it’s considered “fair use.” What’s fair use? Fair […]
What You Can Do to Avoid Trademark Dilution **Attorney Advertising**
A strong trademark is likely to keep your product from being confused with another, but it can still cause harm to your brand if someone else uses your trademark to sell something unrelated to your product or service. You may be on the lookout for others who may be infringing on your trademark but, it […]
It’s More than just the Words, Colors Matter in Trademarks, Too **Attorney Advertising**
There’s more to a trademark than just a name. What do Tiffany blue, Motorola magenta, Owens Corning pink, Cadbury purple, UPS brown, and Barbie pink have in common? All these colors are trademarked. When colors are specifically associated with a certain company, in a certain industry, offering a certain product they can be registered part […]
Trademarking Your Name: Why, When, and How **Attorney Advertising**
It comes as no surprise that celebrities and public figures often trademark their names. After all, their names make them money. Celebrities and public figures have to maintain tight control of their brand (i.e. themselves and their images) from being misused, confused, misrepresented, or diluted. However, name trademarking is not just for big-name celebrities or […]
Seller Beware: Selling Counterfeit Goods is Trademark Infringement (and a Crime) **Attorney Advertising **
What do bazaars, the internet, and small shops in every major city have in common? They all sell counterfeit items including merchandise, pharmaceuticals, and other goods. And they are all subject to legal prosecution. Big outlets aren’t immune to this, either. According to The Counterfeit Report: Walmart has association with counterfeit goods; both Walmart, and […]
Someone Else is Using the Same Trademark, but They Haven’t Registered It. Can You Still Use It? **Attorney Advertising **
A trademark is a symbol, phrase, or word that is used to identify a product or service for sale. Most of the things you buy or pay money for have a trademark. You use those trademarks to identify those products. Registering a trademark with the United States Patent and Trademark Office (USPTO) will allow you […]
Is Your Trademark Distinctive Enough? **Attorney Advertising **
A trademark may be meaningful. It may be unique, or at least unique to you. It may have a backstory. It may be readily recognizable to your customers. However, if you haven’t registered it yet, you may not know whether it’s distinctive enough to be registered. There are ways to tell whether your trademark is […]
