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
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
The terms “trade name” and “trademark” might sound similar, but they are distinctive in the kinds of protections they offer under the law. You do not necessarily hold a trademark on your trade name, though you can apply for one. Additionally, even if you register for a trade name, it does not mean that you … Read more
There are many memorable breakfast cereal slogans, from “They’re grrreat” to “Silly rabbit, Trix are for kids,” but few have reigned as long as the “Breakfast of Champions” tagline for Wheaties cereal. General Mills has held a trademark on that phrase since 1936, and it still appears on every bright orange box of Wheaties. Wheaties … Read more
The TV show The Apprentice was one of the biggest hits in TV history. Billed as “the reality show where you don’t win a date, you get a career,” it nabbed over 20 million viewers each episode. Celebrity seasons made it even more popular. The show cemented Donald J. Trump’s image as an entrepreneur and … Read more
Trademark vs copyright registration – what’s the difference? While both offer legal protections under the law, each protects different kinds of intellectual property. They actually have very little to do with one another. What a trademark protects A trademark protects a name, logo, phrase, or slogan that is used to identify and distinguish a product or … Read more
If you want to protect your company’s brand and identity, trademark registration is essential. Many business owners (especially small businesses) put off filing an application because they think the trademark registration process is too complex, or even unnecessary. It might be an involved process, but it can be broken down into four easy steps and … Read more
We have one-time IBM patent lawyer Peter Detkin to thank for the phrase “patent troll.” In Detkin’s time, the phrase almost always referred to the practice of buying low-value patents for the purpose of threatening nuisance litigation. The easiest way to define the phrase for today’s world is to say that it refers to any … Read more
When you apply for a trademark, you want your mark to be as strong as possible. Having a strong and unique mark can make it likelier that your trademark application will be approved. The strongest marks are words or phrases that are unique and that have been created or coined by the businesses that use … Read more
Clients often ask if it’s possible to file a trademark application if they have not yet started doing business under the proposed trademark name. The answer is YES. You can file what’s called an “intent-to-use” trademark application to begin securing your trademark rights even before you start doing business. What is an Intent-to-use Trademark Application? … Read more
After they have gone through the trademark process and possess a registered trademark, the most common question clients ask is, “How long does a trademark last?” The simple answer: Your trademark will initially last for six years, but you can maintain the registration forever with a bit of maintenance. (Source: USPTO) The United States Patent … Read more