Category: Trademark

Under US trademark law, an owner of a trademark must actually USE the trademark in interstate commerce for the trademark to continue being valid. Failure to use a trademark is the hallmark of an abandoned trademark. The US trademark law, the Lanham Act, defines trademark abandonment to occur when “its use has been discontinued with […]

Trademarks can be valuable business assets. Trademarks are often called “brands.” Branding and trademarking are powerful marketing tools. Trademarks are used for both goods and for services. They can be words, phrases, symbols, marks, logos or designs that are placed on your goods that identify to consumers the commercial source for the goods. With service […]

Trademarks are words, phrases, symbols, marks, logos, or designs that are placed on your goods that identify to consumers the commercial source for the goods. Trademarks are used for both goods and services. To function as trademarks, trademarks must be uniquely different. Indeed, uniqueness is a legal requirement for being able to register a trademark. […]

Typosquatting refers to malicious criminal online behavior where “bad actors” set up a website with a domain name that is a “typo” away from a legitimate website. In other words, a fraudulent website is established with a domain name that is a purposeful misspelling of a legitimate domain name. For example, a cybercriminal might create […]

When a person or business files an application with the U.S. Patent & Trademark Office (“USPTO”) to register a trademark, there are two options — file to register a trademark that is already being used in commerce or file what is called an “intent-to-use” application. As the name implies, with an “intent-to-use” application, the applicant […]

Trademarks, patents and copyrights are three of the basic types of intellectual property (“IP”). In the US, each is legally protected by statutory and regulatory registration/application regimes. In addition, all three types of IP are explicitly protected by international law pursuant to many international treaties and agreements. A fourth major type of IP involves trade […]

If you own a trademark, are applying for a trademark, are challenging the registration of a trademark, are seeking to have a trademark canceled, or are otherwise involved in a dispute over or about a trademark, you have some options about where to litigate the issues. Most often, trademark disputes are handled in federal court. […]

If you want to trademark a phrase, catchphrase or slogan for your business, the quickest way is to follow these five steps. 1. Create a distinctive phrase, catchphrase or slogan The first step on the path to a registered trademark is to create a distinctive phrase, catchphrase or slogan. Distinctiveness is necessary for a trademark […]

When you make an application to register a trademark or service mark with the US Trademark Office, one step in the process is publishing your trademark in the Trademark Office’s Official Gazette (“TMOG”). Officially, this is known as “publishing for opposition.” As the name implies, the purpose of publication is to allow third parties to […]

Here are the top five reasons that having trademarks can be good for your business and are good business investments. 1. Trademarks are valuable business assets — If created and prudently managed, trademarks can be very valuable business assets, on par with capital equipment, inventory, real estate and other saleable assets. As we discussed recently […]