Category: Trademark

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 […]

The first sale doctrine is a legal doctrine that applies to copyrights, patents and trademarks. The doctrine is slightly different for the three types of intellectual properties. But, in general, in each case, the first sale doctrine prevents owners/holders of intellectual property rights from controlling what happens to a physical product or work after it […]

When a person or business applies with the US Patent & Trademark Office (“USPTO”) to register a trademark, one requirement is that the applicant supply “specimens of use.” Use of a trademark in commerce is a legal requirement for a trademark to be registered. Use is not only required for registration, but also for a […]

In the US, trademarks are legally protected from being infringed. In addition, FAMOUS trademarks have legal protections against two additional intellectual property “injuries” which are dilution by blurring and dilution by tarnishment. Most are familiar with trademark infringement. Infringement occurs when someone uses another’s trademark or one that is confusingly similar that causes confusion among […]

When a trademark is used in commerce, the owner can apply to have the trademark officially registered with the US Patent & Trademark Office (“USPTO”). If the application fees are fully paid, the application is complete and the trademark meets all the legal requirements, then the USPTO issues a Certificate of Registration and the trademark […]

Broadly speaking, there are two types of trademarks: stylized design/logo trademarks and standard character/word trademarks. Here is a quick description of the similarities and differences. Stylized Logo Trademarks Stylized logo trademarks are very common in use and, literally, millions of them have been successfully registered with the US Patent & Trademark Office (“USPTO”). Some are […]

Many mistakenly believe that registering a trademark for a slogan, motto, or catchphrase is simple and easy. The mistaken thought process usually goes something like this: “Put it on a t-shirt or a mug and get a trademark.” However, trademarking a slogan is not that simple. Certainly, phrases and taglines CAN be trademarked and registered […]

If you own various forms of intellectual property (“IP”), like copyrights, trademarks or patents, you must be careful to monitor the marketplace, media and journals, and official government websites to identify infringement or potential infringement of your rights. Infringement means any breach of the rights conferred on IP owners by the various statutes. For example, […]

Trademarks — often commonly called “brands” — are words, phrases, marks, logos or designs that identify to consumers a unique commercial source for various goods or services. A successful trademark creates “brand loyalty” and allows a business to “signal” to consumers various positive qualities like excellence, quality, luxury, craftsmanship, and the like. Trademarks have been […]

Trademarks are words, phrases, marks, logos or designs that are placed on packaging and goods that identify a unique commercial source for the goods and/or services being sold. The identification is in the minds of the consuming public. To be effective, a trademark must be distinctive. Distinctiveness may be considered as a continuum, ranging from […]