Category: Trademark

With respect to strength and the ability to be immediately registered by the US Patent and Trademark Office (“USPTO”), trademarks may be seen as existing on a continuum. At one end, there are trademarks that are inherently strong and distinctive like fanciful and arbitrary trademarks. Fanciful trademarks are invented words like GOOGLE and EXXON and […]

Trademarks have been around for centuries. Trademarks are a method of allowing commercial businesses to identify their goods (and services) to consumers. A trademark says to consumers: “Our business made this” or “Our business offers this service.” In general, a successful trademark identifies positive attributes to the consumer like solid craftsmanship, excellent materials, quality and […]

Choosing a brand name is important for the successful launch of a new business or product. But, finding the “right” brand name can be difficult. Here are four things to consider when choosing a good brand name. Make it unique The first rule of coming up with a good brand name is to make it […]

Without question, trademarks are valuable business assets, and in some cases, they are worth billions. Forbes media publishes an annual list of the 100 most valuable trademarks. In the 2020 list, Apple had the most valuable brand (which includes all of its various trademarks) calculated to be worth a whopping $241.2 billion and contributing $260.2 […]

When an owner files an application with the United States Patent & Trademark Office (“USPTO”) to register a trademark, the owner must provide an accurate and complete description of the goods/services with which the trademark will be associated. This is because similar trademarks can be used with very different goods/services. This is why Delta Airlines […]

A service mark is similar to a trademark. Indeed, in many respects, they are the same. A trademark is some combination of a word, mark, symbol, group of words, logo, or a design that is used on products, packaging, advertising, and other materials to identify a unique commercial source of goods or products. A trademark […]

If properly and regularly used in commerce, trademarks can last forever. Lowenbrau, a German brewery, claims that its trademark has been in continuous use since 1383. Stella Artois, a Belgian brewery, claims continuous use of its trademark since 1366. Trademark registration, on the other hand, will last only as long as the registration is renewed […]

Brands are important for growing and maintaining your business, particularly if your business has a significant online presence. For eCommerce, brands are how customers “find” your business and you maintain loyalty and generate repeat business. A “brand” is often synonymous with a trademark. A brand can be a word, slogan, design or symbol. Cultivating your […]

If you buy a product and see on the packaging an R surrounded by a circle — what is commonly called the “Circle R” or the ® symbol — that signifies that the manufacturer or seller of the product has registered its trademark with the United States Patent & Trademark Office (“USPTO”). The Circle R […]

The difference between a “trade name” and a “trademark” is actually a bit complex. This is because, from a legal standpoint, a trade name is distinct from a trademark and each serves a separate legal function. However, from a commercial business standpoint, they can become blurred since both serve the business purpose of helping to […]