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 […]

™ 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 […]

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 […]