Xavier Morales As soon as you start using your mark in commerce, you establish what is known as “Common Law Trademark Rights.” But in total, it will take 12 – 18 months for an official trademark registration with the USPTO. As a trademark attorney, I get this question a lot. “How long does it take to get a … Read more
Taylor Swift is a musician who exploded into national attention when her debut country music album reached the top 5 on the Billboard list in 2006. Since then, she has become a defining figure in the music industry, with a transition from country roots to becoming an iconic pop figure. Her albums are: Aside from … Read more
When you register a trademark, you gain legal protection for your intellectual property. Without a registered trademark, competitors and other evildoers could use your brand name, logo, slogan, and other identifying marks for their own gains. But once you receive your registration from the U.S. Patent and Trademark Office (USPTO), the law protects you. While … Read more
Your logo is more than a piece of design; it is the visual representation of your brand and everything it stands for. It is the flag that your customers rally around, and it serves as the key distinguisher between your business and your competitors.
Probably the most common question that I get from prospective clients is: “How much does it cost to trademark a name?” At the Law Office of Xavier Morales, we offer a Comprehensive Trademark Search & Filing Package which includes both the Trademark Search to make sure there are no conflicts or issues with your name, … Read more
It might not be as recognizable as Coca-Cola’s cursive font, Nike’s swoosh, or McDonald’s golden arches, but it comes awfully close. Now in its 43rd year, the iconic I ❤ NY logo continues to stir emotions all over the globe. In both legal and illegal use, it has graced countless T-shirts, caps, key chains, tote … Read more
In the era of digital branding, I hear a question more and more frequently: “Should you trademark your blog name and logo?” The internet has effectively lowered the bar to entry for many fields, spawning new brands at unprecedented rates. This rise prompts bloggers, big and small, to contemplate the legal protections they need for … Read more
Companies don’t pay money and subject themselves to the trademark registration process for no reason. Owning a federal trademark registration provides a business with several advantages that can help it competitively and legally. It all starts with the right of ownership. 1. You legally own the mark A federal trademark registration provides the owner with … Read more
Ohio-based Owens Corning has been associated with the color pink for almost half a century. It seemed like a natural fit when the company chose the famous cartoon character, the Pink Panther, as its official mascot. The story of this unusual partnership brings together Hollywood studios, a Midwestern manufacturing company, and unique patent law decisions. … Read more
When it comes to trademarking a name, the only stupid questions are the ones that you don’t ask. Unfortunately, this is something far too few business owners are willing to do. Every year, thousands of entrepreneurs try to navigate the trademark registration process using only their intuition, and every year just as many entrepreneurs have … Read more
Until recently, companies primarily used intellectual property (IP) — trademarks, copyrights, patents, and other types of intangible assets protected by law — defensively and followed the traditional sequence of inventing, developing, manufacturing, marketing, and selling an invention. Also known as the “transactional approach,” this model characterized IP as a valuable asset and a bargain: businesses … Read more
Having issues getting your logo trademark? If you’re developing a clothing line, you probably have a distinctive name, logo, or slogan that you will want on your apparel. In the competitive fashion industry, protecting these elements through trademark registration is essential to avoid infringement and to maintain a unique presence in the market. Whether you’re … Read more
If you own the trademark registration for a particular term or phrase, you might feel that you also have the rights to the corresponding domain name. For example, if you are a software manufacturer that owns a trademark registration for the name “PHILOSOPHY PROGRAMS,” then you should have the rights to PHILOSOPHYPROGRAMS.COM, right? Not necessarily. … Read more
If you’ve ever used a cotton swab or cotton bud to clean your ears or apply makeup, you probably reached for a Q-Tip. Along with bandages and cotton balls, these swabs are a staple of most bathrooms in the U.S. and around the world. If you associate the name with a particular blue box, you … Read more
If you want to ace a test in school, what do you do? You prepare in advance. The same principle applies to your U.S. trademark application form. If you want the greatest chances for approval with the United States Patent and Trademark Office (USPTO), you should prepare ahead of time. The more you understand what … Read more
As you shop, go to a restaurant, or watch the delivery man drop off boxes at your home, you come into contact with many recognizable colors and logos every day. Many of these signs, designs, and symbols are trademarked, meaning that they are considered to be the intellectual property of that company. In some cases, … Read more