What Does “First to Use” Mean When it Comes to Trademarks? **Attorney Advertising**
Here in the United States and in many other countries around the world, ownership rights for trademarks are given on a “first to use” rather than a “first to file” basis. But what does that actually mean and how do you determine if you are indeed the party that has exclusive “first to use” rights […]
Someone Is Opposing My Trademark Registration… Now What? ** Attorney Advertising**
Before a trademark is officially registered with the United States Patent and Trademark Office (USPTO), the pending application will be made available to the public. This provides any interested third party with the chance to oppose registration of the mark if they feel that it is improper or a threat to their business. Timeline of […]
Should I Apply for My Trademark in My Personal or Company Name? **Attorney Advertising**
“Who owns this trademark” is a question that needs to be accurately answered before an individual or company files an application with the United States Patent and Trademark Office (USPTO). If a business owner or brand does not properly identify the owner of a trademark, or it does not list all possible co-owners of the […]
Proper Use of a Trademark: What You Should and Should NOT Do **Attorney Advertising **
A trademark is a word, phrase, color, sound, design, symbol, or combination of such that identifies the source of goods or services from others. However, using your trademark to distinguish your product or service from others is not as simple as placing a ™ or Ò beside your trademarked name or graphic. There are a […]
How to Maintain Your Trademark in the United States and Internationally **Attorney Advertising**
Trademarks are an integral piece of any company’s intellectual property foundation, but the protection that comes with having a registered trademark does not last forever. In the United States and across the globe, there are steps that you must take to maintain and renew your trademark as time goes on. This process can become rather […]
Lessons from a Naming Guru: How Savvy Naming and IP Work Together to Create a Winning Branding Strategy **Attorney Advertising**
I recently stumbled across this article on Vox.com that highlights the work of Rachel Bernard, who has served in roles such as the “Director of Naming” and “Vice President of Verbal Strategy” at major ad agencies. You can read more about what she does and how important her position is as it relates to branding […]
Everything You Need to Know about Trademarking a Sound **Attorney Advertising **
Is there a specific sound that unmistakably identifies your business or brand? You may be able to secure a trademark for it. A trademark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the source of the goods of one party from those of others. So, sounds can absolutely become trademarks as long as they identify the source […]
You Can Now Trademark Whatever You Want Thanks to Supreme Court ‘FUCT’ Ruling ** Attorney Advertising**
Thanks to a controversial new ruling handed down by the United States Supreme Court, businesses and brands can now trademark pretty much whatever they want, including marks once considered “immoral” and “scandalous”, as a right of free speech. The ruling was issued following a lengthy court battle by designer Erik Brunetti, whose desired trademark ‘FUCT’ […]
The USPTO Says My Trademark is Confusingly Similar to Another. Now What? **Attorney Advertising **
One of the most common reasons that the United States Patent and Trademark Office will refuse an application for a trademark is that the mark in question is “confusingly similar” to a trademark that is already federally registered or to a pending application owned by another party under Section 2(d) Refusal – Likelihood of Confusion, […]
Punctuation Matters When Applying for a Trademark ** Attorney Advertising **
After being caught up in the college admissions scandal earlier this year, Olivia Jade Giannulli found herself making news for an unrelated blunder: her beauty trademarks were temporarily denied due to poor punctuation. Admittedly, the daughter of actress Lori Loughlin and fashion designer Mossimo Giannulli did not file the trademark application on her own, but […]
