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
Patent-related litigation made up more than half of all lawsuits filed in America last year, a forty percent increase from three years before. With so-called patent troll lawsuits on the rise in a big way, I thought it’d be a good time to highlight the interesting, funny, and little-known side of American patent, trademark, and copyright law. … Read more
In the last 20 years, the U.S. craft brewing industry has grown nearly fivefold. Every year hundreds of new craft breweries join the fray, giving Americans more libation choices than ever before. Go into any bottle shop or liquor store and you’ll find a variety of beers that extend far beyond the basic Budweiser, Coors, … Read more
Completing the trademark application might seem like an end. You’ve performed research and have settled on a strong mark that will serve your business and its customers. Perhaps you’ve even consulted with a trademark attorney to ensure the strength of your application. In reality, the application commences a months-long process that could include various obstacles … Read more