Xavier Morales A business can obtain trademark rights in two primary ways. 1. By applying for a federal trademark registration. 2. By establishing a common law trademark, through use in commerce. The second method might seem easier and cheaper, but it doesn’t provide the business with the many benefits of federal trademark registration. The trademark application process … Read more
Trademarks are an important part of protecting your intellectual property, strengthening the legal position of your brand, and carving out a chunk of a market in which you can make a profit unhindered by competition trying to ride your coattails. However, trademarks are not a set-it and forget-it solution. Trademark enforcement requires constant monitoring in … Read more
Entrepreneurs spend a lot of time trying to find the right marks to use for their businesses. Registering trademarks can help businesses to establish their brands and reputation while preventing others from using the same or similar marks. However, finding marks that are not already in use by others is becoming more difficult with the … Read more
Unfortunately, many small 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. If you’re a small business owner and you want to eliminate the chance of having to deal with any future costly trademark disputes, it’s … Read more
In this article, we will discuss the trademark conflict between Brewery Vivant, a micro-brewery and producer of “Farmhand” French farmhouse-style ale, and Tired Hands Brewing Company, maker of “Farmhands” Belgian saison style ale. The purpose of this case study is to demonstrate the importance of trademark in a crowded marketplace where strong brand and product … Read more
If trademarks aren’t required by law, does your company even need one? The trademarking process consumes both time and money, so many companies might think they can avoid it altogether. In many cases, this is perfectly true. Not every business truly needs a trademark. To decide if you need a trademark you must first understand … Read more
Clients often call me to register a trademark for their business. However, sometimes they need a “service mark” instead of a trademark. Definition of a service mark Technically speaking, a “service mark” or “servicemark” is a word, phrase, symbol or logo that is used to brand, identify and distinguish a service. This is in contrast … Read more
Trademark disputes are inevitable. Every year, the United States Patent & Trademark Office (USPTO) processes hundreds of thousands of trademarks applications. The fact that the country isn’t currently engulfed in an epidemic of legal trademark disputes is a testament to how efficient the application screening process at the Trademark Office is. Contrary to popular belief, … Read more
It’s been a long, hard slog, but after weeks of all-nighters, countless cups of java, and a brilliant idea or two, your mobile app is finally ready for deployment. However, before you gather up your final build and submit to your distribution platform, there is one other thing you need to consider—app trademarks for your new software … Read more
The trademark registration process might involve many steps, but it need not be complicated. If you take the proper steps before submitting your application, you will greatly increase your chances for approval on the first attempt. Since the United States Patent and Trademark Office (USPTO) does not issue refunds for rejected applications, first-time approval becomes … Read more
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