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
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
When filing a trademark application, the Trademark Office will require that you choose at least one international trademark class to identify the types of products or services that you plan to provide under your mark. The classifications help in organizing and categorizing the trademarks for easier management and identification. This article will provide a comprehensive … Read more
Once your trademark is registered with the United States Patent and Trademark Office (USPTO), it is vitally important to take action against any potentially infringing uses of your trademarks. Early detection of potential trademark infringement is critical because the failure to properly defend your trademark rights could lead to a loss of distinctiveness, which is … Read more
If you aren’t careful about your trademark, it can cost you, both literally in the wallet, and mentally in stress and time. There are several things you need to know about when it comes to protecting your company’s valuable name and/or logo. If you’re thinking about going through the trademark registration process in the near … Read more
Each trademark you file incurs a separate application fee. For example, if you wish to trademark your business name, your logo, and a product name, you will pay the application fee three times. Additionally, you might be subject to greater legal fees if you’ve chosen to work with an attorney on top of the filing fee with … Read more
Music is art, but if you want to make money at it, you’ll need to view your musical career as a business, too. If you’re in a band, one of the most important things you can do for the group is trademark your name. Here are five things musicians need to know about the “art” … Read more
Would you submit a job application without first researching the company? In the same way, you shouldn’t file a trademark application without first researching the process. Understanding the steps involved will make the process much smoother, giving you an easier, and cheaper, path to a federally registered trademark. (Research is the first of the four … Read more
In this article, we explain the process of renewing a trademark registered with the United States Patent & Trademark Office (USPTO), which is essential to maintain federal trademark rights. It covers the two essential forms: Declaration of Use under Section 8 and Application for Renewal of Registration under Section 9, as well as the timelines … Read more
The integrity of law relies on the continued resolution of new challenges, and the present landscape of trademark law offers plenty of that. As the legal facility changes, new channels of commerce and an increasingly global economy will continue to push its evolution and adaptation into fascinating new arenas. Here are ten hot topics keeping … Read more
In 2014, Disney-owned Lucasfilm filed an opposition trademark dispute against New York-based Empire Brewing Company for the company’s latest bottled brew, named “Strikes Bock.” Obviously, it’s not difficult to see where this is going. It’s “Empire Strikes Bock” beer, which is similar to George Lucas’ wildly popular 1980 film, “The Empire Strikes Back.” Now, Disney’s behemoth … Read more
You probably see the three major trademark symbols everywhere, but do you know what they mean? The ®, ™, and ℠ symbols might seem familiar, you likely seem them in superscript all the time. But the “TM symbol”, “SM symbol” and “R symbol” have different uses and afford different legal protections to intellectual property. You … Read more
Granted, the title above is oxymoronic (just to be clear, stealing is illegal), but it does point to an important truth. Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. The reasons this is possible is that approved trademarks do not come with absolute ownership. … Read more
With all the time and money that you’ve invested in establishing and registering your trademark, imagine how devastating it would be to have a competitor use your mark with the law’s blessing. If you fail to adequately police infringement, that is exactly what could happen. Registering your mark is a necessary (but not wholly sufficient) … Read more
If anyone can attest to the nightmare of waging a trademark battle against a corporate giant, it’s Amy Brooks, a Rochester-based entrepreneur. Ms. Brooks is the proprietor of Bubbles by Brooks, a distributor of therapeutic soaps for cancer patients. After surviving cancer treatment herself, Brooks began handcrafting skin care and soap products that minimize irritation … Read more