Category: Trademark

Trademarks with respect to services, “service marks,” CAN be registered with the US Patent & Trademark Office (“USPTO”). Generally, the same rules apply. For example, the proposed service mark must be used in interstate commerce, must be unique and not already be used by another business, and must identify a commercial source for the service. […]

With the growing commercial and tourism use of space, there are some intriguing questions about how patent, trademark and copyright law will apply with respect to intellectual property created and used in space. For now, legal issues are nonexistent (or only theoretical) on the creative side. A patentable invention created in space — which is […]

Trademarks are protected in the US by both civil and criminal statutes. Civil lawsuits can be brought under the Lanham Act by private parties alleging trademark infringement. However, in appropriate circumstances, the government can bring criminal charges of trafficking the goods that infringe on protected trademarks. In this sense, trafficking is used in the same […]

The fundamental strategy for maximizing the power of a trademark is consistent, continual and repeated USE of the trademark. Trademarks are, of course, designs, logos, words or other symbols that identify a particular commercial source of a product or service. USE of the trademark is required for a trademark to even exist. And, USE of […]

In late January 2022, the US Patent and Trademark Office (“USPTO”) canceled more than 5,500 trademark applications filed falsely and fraudulently by companies and websites controlled and operated by a Pakistani company now under investigation by the Pakistan government. These companies and their websites offered “low-cost trademark filing” services. But the websites and the services […]

Under federal trademark law, trademarks that are deemed to be “famous” are entitled to extra legal protection. Whether a trademark is “famous” is a factual determination that includes these non-exhaustive statutory factors: The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties […]

Basically, it has become clear over the last few years that there is a lot of “deadwood” among the trademarks that are officially registered with the US Patent & Trademark Office (“USPTO”). As a result, Congress passed the Trademark Modernization Act (“TMA”) to help the USPTO begin resolving the problem. Essentially, the TMA allows almost […]

Entrepreneurs and others often hear and read about the need to “create a brand” to market services or products. Indeed, there is a marketing trend suggesting that individuals need to “brand themselves” to achieve personal, financial and career success. This emphasis on “branding” can create some confusion since “branding” and “trademarking” are often seen as […]

Inherently distinctive trademarks are the best type of trademark and they are the easiest trademarks to successfully register with the US Patent & Trademark Office (“USPTO”). In general, trademarks are words, phrases, designs, logos or other things that are used on products (or with services) to uniquely identify a commercial source for the products (or […]

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 […]