Can You Register a Two-Word Trademark When One of Those Words is Already Trademarked for a Similar Product or Service ? **Attorney Advertising**
This is a great, but loaded, question that I thought best explained as fully as possible in a post. As a trademark lawyer, I am often asked about scenarios such as this, where one entity wishes to trademark a name but is somewhat uncertain about whether or not they are able to do so when […]
Trademark Myths: Part 1 ** Attorney Advertising**
There’s a lot of misinformation floating around the business world about trademarks. Smart entrepreneurs are waking up to the fact that this area of law is critical to successful branding, which is the foundation of sales, revenue, and ultimate business success. It doesn’t matter if you are selling widgets, houses, luxury cars, guitars, or brooms–your […]
What’s in a Name? **Attorney Advertising**
Naming is one of the most important pieces of launching a new business, brand, or product – yet most people don’t know how to weigh the different factors involved in the decision. Making the wrong choice can cost you dearly. I have encountered many clients who have had to change their business names, after spending […]
What to Know When Changing the Design of a Registered Trademark **Attorney Advertising**
There are lots of reasons why organizations decide to change their company’s trademark or logo design. As a business matures, the company could decide it wants to rebrand or change direction to attract a different type of customer. Whatever the driving force behind this decision, as a Trademark Lawyer, I’m here to help you understand […]
Advantages Foreign Trademark Holders Have When Filing for Protection in The United States ** Attorney Advertising**
Foreign companies that already have a registered trademark in another country and wish to apply for their mark in the United States may have a small advantage when filling out their application with the United States Patent and Trademark Office (USPTO). Here in the United States, trademarks are based on use, and you must show […]
Does my “DBA” Name Provide Trademark Rights? **Attorney Advertising **
DBA stands for “Doing Business As.” It’s also known as a Fictitious Name or an Assumed Name. A DBA allows you to do business under a name that may be different than your legal business name. To obtain a DBA, business owners can start by searching their state’s database to see if anyone else is […]
My Competitor Hasn’t Registered Their Trademark Yet… Should I Beat Them to It? **Attorney Advertising **
If you’ve noticed that a competitor is using the same or a similar mark to the one you use or are planning to use and that they have not formally registered the trademark, and you’re wondering if it would be a good idea to beat them to the punch, in short, no. Trying to scoop […]
Life Just Got Harder for Counterfeit Sellers with the Launch of Amazon’s New Counterfeit Crimes Unit **Attorney Advertising**
Last month, I wrote about my run-in with counterfeit sellers on Amazon when searching for a toddler drum set for my son. If you missed that post, one listing I came across showed a beautiful drum kit for under $3.00. At that price, who wouldn’t be tempted to hit “Buy Now?” After a little bit […]
At What Point Should I Apply for a Trademark for My Startup? **Attorney Advertising **
The decision of “when to file a trademark” for a startup company is an important one. Many intellectual property attorneys will tell you “the sooner, the better,” but there are times when that may not be the best approach depending on the unique circumstances of each individual startup. The following are some of the issues […]
What Can I Expect When I Meet with a Trademark Attorney for The First Time? **Attorney Advertising**
We are often asked by clients who have never filed for a trademark before what they should expect when they meet with an attorney for the first time. While “initial meetings” are different at every firm, here in our practice, the goal of an Initial Needs Assessment is to learn as much as we can […]
