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 […]
What to Know When Changing the Design of a Registered Trademark **Attorney Advertising**
There are lots of reasons why organizations decide to change their company’s trademark or logo design. As a business matures, the company could decide it wants to rebrand or change direction to attract a different type of customer. Whatever the driving force behind this decision, as a Trademark Lawyer, I’m here to help you understand […]
Advantages Foreign Trademark Holders Have When Filing for Protection in The United States ** Attorney Advertising**
Foreign companies that already have a registered trademark in another country and wish to apply for their mark in the United States may have a small advantage when filling out their application with the United States Patent and Trademark Office (USPTO). Here in the United States, trademarks are based on use, and you must show […]
My Competitor Hasn’t Registered Their Trademark Yet… Should I Beat Them to It? **Attorney Advertising **
If you’ve noticed that a competitor is using the same or a similar mark to the one you use or are planning to use and that they have not formally registered the trademark, and you’re wondering if it would be a good idea to beat them to the punch, in short, no. Trying to scoop […]
