What are the characteristics of a good trademark? ** Attorney Advertising**
Not all trademarks that receive trademark protection are considered “good” or “strong” marks. Many businesses or brands make the mistake of registering weak trademarks that often cause legal and financial headaches down the road. It is for this reason and others that we tell clients that in addition to making sure your desired mark can […]
Can I get my trademark back once it’s lapsed? **Attorney Advertising**
It’s possible for a trademark owner to lose the rights to their mark because they failed to renew registration within the necessary time frames set forth by the United States Patent and Trademark Office (USTPO). When this happens, the mark is said to be “cancelled” or “dead.” If a trademark owner lets their mark lapse […]
Do I have trademark rights while my application is pending? **Attorney Advertising**
We are often asked by our clients what type of rights they have while their trademark application is pending with the United States Patent and Trademark Office (USPTO). The answer is that no additional rights are gained while a trademark application is pending with the USPTO. As such it is not possible to legally enforce […]
Entity Formation and Trademark Registrations are NOT the Same. Here’s What to Know. **Attorney Advertising**
When it comes to starting a business, people are often confused as to the protections and benefits you gain from forming a business entity, such as an LLC or S-Corp vs. registering their business name as a trademark. These are actually two separate processes and you may need to do both in order to achieve […]
“Booking.com” is now a Trademark: Why Does it Matter? **Attorney Advertising**
In the first-ever United States Supreme Court case to take place over the phone, necessitated by the Covid-19 pandemic, Booking.com was found to be a trademarkable name, despite containing a generic term. In an 8-1 ruling[1], the Court decided the combination of the generic term Booking with a .com extension transforms the generic term into […]
A Quick Guide to Adopting Dead Trademarks **Attorney Advertising**
Finding the perfect name or logo to represent your brand can be daunting. Not only do you need to think of something memorable, but you also need to make sure it’s not already in use or too similar to an existing trademark. You are likely aware of the fact that you cannot register a trademark […]
Avoid These Common Trademark Mistakes **Attorney Advertising**
Brands often rely on a memorable name, quality reputation, and a catchy slogan to succeed. Although this might seem straightforward, it’s surprisingly easy to make an error or omission regarding your trademark that could allow others to infringe on the brand you are working to build, or worse, could cause you to lose your trademark […]
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 […]
