Quality Control Requirements for Trademark Licensing
Trademark licensing can create valuable revenue streams for your business. Licensing has the advantage that your business retains possession of the trademark and can create more than one licensing regime over the life of your business. Licensing is also a method of expanding the reach (and value) of your trademark without the need to invest… READ MORE
What is a Trademark Disclaimer Statement and When Do I Need it?
A “trademark disclaimer statement” is part of an application for registering a trademark that is filed with the U.S. Trademark Office. There is a specific section of the application that is provided for disclaimers. The statement is itself rather simple: “No claim is made to the exclusive right to use “________” apart from the mark… READ MORE
Cannabis Trademark Strategies
There are valid trademarking strategies for cannabis-related businesses. While you cannot trademark your cannabis — the specific product — at the federal level, you CAN trademark your cannabis at the State level and, at the federal level, you CAN trademark everything related to your cannabis. Indeed, at the federal level, it is important to register… READ MORE
How Long Does a Trademark Last?
Trademarks can last literally forever, at least as long as commerce exists. There are some trademarks that have been in use for hundreds of years. Some trademarks currently in use in the U.S. are over 100 years old. Examples include John Deer, Coca-Cola, and others. We must distinguish between the trademarks themselves and the registration… READ MORE
Why Trademark Holders Must Enforce/Protect Their Trademark Rights
The main reason that trademark holders must enforce and protect their trademark rights is that, without enforcement/protection, the trademark itself can be destroyed, and trademark rights will cease to exist. This can occur in two ways: destruction of the functioning of the trademark as a trademark and genericide. Genericide is when a trademark becomes, in… READ MORE
Trademarks: When (and Why) Do I Have to Check the Official Gazette?
The Official Gazette is a publication — now online — issued by the US Patent and Trademark Office (USPTO). The Official Gazette is used by the Trademark Office to publish proposed trademarks “to the world” so that other trademark owners — and/or others — might oppose the registration of the proposed trademark. This is called… READ MORE
International Trademarks: Registering a Trademark Under Section 66(a)
Trademark registrations at the federal level in the U.S. are processed and administered by the U.S. Patent and Trademark Office (“USPTO”). Mostly, the USPTO is for domestic persons and corporate entities who want to register domestic trademarks. However, the USPTO is also the agency responsible for registering international trademarks owned or held by persons/companies seeking… READ MORE
When Should I Hire a Michigan Trademark Lawyer?
It is beneficial to hire a Michigan trademark lawyer when creating and attempting to register a trademark. But, it will become essential if you are facing trademark litigation, want to buy or sell a trademark, want to “go international,” protect your trademark pre-litigation, and in other circumstances. At Revision Legal, we are Michigan trademark attorneys…. READ MORE
What is a Trademark Class Search?
To be registered, a trademark must be associated with a trademark “class.” A “trademark class search” is intended to help a trademark owner identify the correct trademark class for the purposes of completing a trademark registration application. It is best to have experienced trademark attorneys — like the ones at Revision Legal — conduct your… READ MORE
Differences Between Trademarks and Trade Dress
Trademarks and trade dress are both legally protected under U.S. trademark laws. Both serve the “trademark function” of allowing consumers to identify, with a glance, the commercial source of some product or service. Both must be unique, and both can be protected from infringement by those using the same or a confusingly similar trademark or… READ MORE