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 […]
What Does a “Merely Ornamental” Trademark Refusal Mean? **Attorney Advertising**
So, you’ve applied for a trademark but your application was denied for being “merely ornamental” Under TMEP Section 1202.03. You’re now likely wondering, “What does that even mean?” and “How can I overcome this rejection?” It helps to first understand how the United States Patent and Trademark Office (USPTO) defines “ornamental.” Ultimately, it just means […]
Can I Register a Trademark That’s Been “Abandoned?” **Attorney Advertising**
Anyone seeking to register a trademark is first encouraged to conduct a search with the United States Patent and Trademark Office to ensure that the mark is not already in use by another business or brand. The hope is that the trademark is unique enough that the owner can move forward with the registration process […]
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 […]
™ or ®: What’s the Difference? ** Attorney Advertising **
Trademarks are distinctive names or symbols of companies, products, or services that distinguish one company’s goods or services from that of their competitors. Registration of a mark helps to deter others from using the same name or symbol to market their own products. There are multiple symbols used to convey the status of one’s trademark […]
IP Lawyer Answers, “Should I Register My Trademark?” – Attorney Advertising
If you’ve recently started a business, you may be wondering what steps you should take to protect your new venture. This may include registering a trademark that you create to distinguish your business from others. Depending on the stage your business is in, you may already have a trademark. If your business is already selling […]
The Trump Brand: The President Knows Something About Building Walls Around His Intellectual Property
Love him or hate him, President Donald Trump is a gifted master of protecting his TRUMP brand. Whether it’s regarding the branding of his real estate holdings, ancillary business ventures (TRUMP steaks, anyone?), or even campaign slogans, President Trump knows the value of protecting his Intellectual Property so that others can not profit from his […]
No Mercy For Starbucks in Federal Appellate Court
Coffee giant Starbucks was defeated in federal appeals court by a small coffee manufacturer in New Hampshire. The case was initiated twelve years ago when a small coffee company was sued by the colossal corporation for selling a coffee called Charbucks. The initial decision was not overturned by the appellate court because the defense failed […]
Hit Song “YMCA” Returns to Original Writer
Sometimes a little-known law can make all the difference in a legal outcome. Such is the case for Victor Willis. You may know him as the lead singer of the 1970s disco group, the Village People. Recently, Mr. Willis was able to regain the rights to the songs he wrote after 1978, thanks to a […]
Trademark Offense and Defense Strategies
If you’ve gone through the process of developing an idea, it’s important to protect it before you start using it. Remember that simply registering with the US Trade and Patent Office is not a surefire way to protect your brand. For the best protection, it’s important to seek legal counsel. Some steps you can take […]
