Trademark Denied: Understanding Failure to Function **Attorney Advertising**
There are many things to consider when trying to determine if you have a protectable trademark, including: How distinctive is the word, phrase, or logo that you wish to use? Does it point to your business or brand as the source of the good or service the mark represents? Is the mark being used in […]
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 […]
Franchising and Intellectual Property: What to Know ** Attorney Advertising*
Franchising is a business strategy whereby a franchisor (or founder/developer of the business) licenses his or her procedures, intellectual property, marketing, general know-how, and the rights to sell branded products and services to a franchisee. McDonald’s is a well-known example of a franchise. When a person purchases a McDonald’s franchise, he or she is licensing […]
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 […]
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 […]
