Does an Online Store Automatically Count as “Interstate Commerce”?Attorney Advertising
You list your product on Shopify, Etsy, or your own WordPress site. Anyone with Wi‑Fi can click Buy Now. So, does that alone satisfy the “use in commerce” standard the USPTO requires for a federal trademark? The short answer: not quite. What the USPTO really wants to see For goods, the agency looks for actual sales or […]
Intent‑to‑Use vs. Use‑in‑Commerce: What’s the Big Difference? **Attorney Advertising**
You have a killer brand name, mocked‑up labels, and maybe a small batch of prototypes on your kitchen counter. You are not quite ready to ship, but you would hate for someone to grab your mark first. Should you wait until launch or file right now? In trademark lingo, the decision comes down to Intent‑to‑Use […]
Trademark Squatters: Who They Are and How to Beat Them Before They Beat You **Attorney Advertising**
Picture this: you finally nail down the perfect brand name, start teasing your product on social media, and begin lining up overseas suppliers. Then, out of nowhere, you learn someone in China or Mexico, or even on an NFT marketplace, has already filed a trademark application for “your” name. Worse, they are now demanding a […]
Celebrity Kids and Trademarks: More Than Just a Famous Name **Attorney Advertising**
The entertainment world is always buzzing when they hear that celebrities are trademarking their children’s names. An interesting question many of my clients ask: “Why would anyone trademark their child’s name in the first place?” It’s actually more common and practical than you might think, especially for families in the public eye. Why Trademark a […]
Before You Sue: Smart Alternatives to Trademark Litigation **Attorney Advertising**
You’ve just discovered someone using a trademark that’s uncomfortably similar to yours. Your first instinct might be to call a lawyer and file a lawsuit. But hold that thought; litigation should usually be your last resort, not your first response. There are several effective (and less costly) ways to handle trademark disputes before heading to […]
Letters of Protest: Your Early Defense Against Problem Trademarks **Attorney Advertising**
You’re scrolling through trademark filings and suddenly spot it: someone’s trying to register a trademark that’s uncomfortably similar to yours, or perhaps one that’s clearly descriptive of the goods being sold. What can you do before this becomes a bigger problem? Enter the Letter of Protest – a powerful but often overlooked tool in trademark […]
Common Law vs. Registered Trademarks: Is “Just Using It” Enough? **Attorney Advertising**
You’ve picked the perfect name for your business, designed a great logo, and started using them everywhere. That means you own the trademark, right? Well, yes and no. While using your trademark does give you some rights, relying solely on “common law” rights might leave your brand more vulnerable than you’d like. The Power of […]
Border Control: How Your Trademark Registration Fights Counterfeits **Attorney Advertising**
Picture this: A shipping container full of knockoff versions of your product is headed to U.S. shores. Without a registered trademark, those fakes might slip right through customs and into the market, damaging your brand’s reputation and your bottom line. But with the right registration strategy, you can turn U.S. Customs and Border Protection (CBP) […]
What Counts as “Use in Commerce” for Your Trademark? **Attorney Advertising**
Many entrepreneurs are surprised to learn that simply printing business cards or launching a website isn’t enough to establish trademark rights. “Use in commerce” has a specific legal meaning that goes beyond just announcing your brand to the world. Let’s demystify what really counts. The Legal Standard For trademark purposes, “use in commerce” means your […]
Someone’s Using My Desired Trademark Abroad: Can I Still Register in the U.S.? **Attorney Advertising**
If you’ve discovered someone is using your desired trademark in another country, but you’re focused on doing business in the United States, there’s generally fine. Trademark rights are territorial, which means rights in one country typically don’t prevent registration in another. Understanding Territorial Rights Think of trademark rights like real estate – owning property in […]
