Xavier Morales In the following article, we will outline a trademark infringement case involving a coffee shop and agents for the New York State Department of Economic Development. The purpose of this case study is to help illustrate what can happen to businesses and business owners who neglect to conduct a trademark search before deciding to use … Read more
Many business owners fail to take the time to determine whether the name they have chosen for their product or business is actually available for them to legally use. In the following article, we will outline a trademark infringement case involving two educational institutions. The purpose of this case study is to help illustrate what … Read more
Registering a trademark takes time. If all goes well, you could have the entire process done within 10-12 months. But if you make mistakes during the application phase, it could take longer than a year to complete. This is why the United States Patent and Trademark Office (USPTO) encourages applicants to work with trademark attorneys. … Read more
It happens so often. A client will come to me with a name ready for a trademark application. “Can you help me file this?” they ask. Of course I can. But there’s always a question I have to ask first. “Have you searched to make sure that this mark isn’t confusingly similar to an existing … Read more
In the music industry, a name is a more than just a name. It’s a brand. As with any brand, owners will protect their rights at any cost. There’s a tacit significance in crafting a band name because it has the potential to be iconic, like the Ramones or the Beatles. People in bands spend … Read more
In this article, we will discuss the trademark conflict between Cadbury, international confectioners who sought to trademark their signature purple packaging, and Nestlé, who sought blockage of the registration. The purpose of this case study is to demonstrate the importance of clearly identifying and explicitly articulating a strong, durable trademark when seeking registration, in order … Read more
In short, a trademark is any word, phrase, name, logo, slogan, symbol or design that serves to distinguish the products or services of one business from those of another business. The key here is the word distinguish. If the word, phrase, name, logo, slogan, symbol, or design that you choose does not distinguish your products … Read more
Tesla, Inc. has had an interesting history so far – not only with its products and founder, but also with its trademarks. In fact, the company was almost named something completely different, as CEO Elon Musk revealed in a tweet: Tesla was almost called Faraday, as original holder of Tesla Motors trademark refused to sell … Read more
Freelancers are rapidly taking over a major segment of the American economy. The idea of working in the office from 9 to 5 is giving way to flexible employment opportunities where individuals are free to shape their own schedules and pick their projects. The heady freedom isn’t exclusive to freelancers, though. Employers can now handpick writers, … Read more
At any point after filing a trademark application you might receive correspondence from the U.S. Patent and Trademark Office (USPTO). In some cases this might be an Office Action, which can delay the application process. Others are standard to certain types of applications. After receiving any of these notices, you the applicant will likely have … Read more
For many business owners, the idea of registering a trademark can be a bit intimidating. In the article below, we’ll provide some basic information about trademarks, explain the benefits of registering a trademark to protect your intellectual property, outline what the first steps are that you need to take in order to get started, and … Read more
Establishing a trademark is important for any business, but the competition is particularly fierce in the tech industry. With competitors fighting over everyday words that have been in use for centuries, it’s no wonder tech start-ups are so eager to snag trademarks. If you’re just starting out, however, applying for trademark registration isn’t your first … Read more
The United States Patent and Trademark Office (USPTO) has millions of active trademark registrations. In 2019 alone, they issued just over 201,000 trademarks in the United States. That’s an impressive number, given that each of these marks is unique. But the increased number of marks also creates a problem. With so many companies trying to … Read more
Congratulations! You’ve finally received notice that your trademark registration application has been approved by the United States Patent and Trademark Office (USPTO). So what’s next? In the following article, we’ll discuss what steps you need to take now that your trademark has officially been registered. Add The Trademark Registration Symbol One of the first steps … Read more
Opening a new restaurant can be akin to descending into madness. On your restaurant launch list, there’s probably a million things to do, and registering a trademark for your business might not be at the top. After all, there are many other things to worry about, and chief among them will be working to get everything running … Read more
The trademark registration process is not necessarily a complex one. At the same time, it is not an easy one. Many laws and requirements stand between you and a registered trademark. The United States Patent and Trademark Office (USPTO) takes trademark laws very seriously. It may reject your application for something that to you seems … Read more