Category: Trademark

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 […]

When a person or business applies for trademark registration with the U.S. Patent and Trademark Office, the applicant must specify at least one trademark class with which the trademark will be used and associated. For example, if a business manufactures paper products, like stationary and envelopes, then the applicant should probably select Class 16, which […]

It is fairly well-known that “fair use” is a defense to claims of copyright infringement. There is a similar “fair use” defense for trademark infringement. Of course, the legal doctrines and applications are quite different. With respect to fair use of trademarks, courts have created two categories generally referred to as classic fair use and […]

When a person or business seeks to register a trademark, an application for registration must be filed with the US Trademark Office. There are two types of applications that can be filed depending on whether the trademark is being used in commerce at the time of the application. If the trademark is being used at […]

Trademarks that are used in commerce are generally registered with the US Trademark Office. A registered trademark gives the owner of the trademark exclusive rights to use the trademark with respect to the categories of goods and services with which the trademark is associated. However, registration can be “lost.” This creates what is commonly called […]

There are a large number of reasons why the US Trademark Office can deny an application for trademark registration. Nothing is automatic about registration. This is one reason it is important to retain experienced trademark attorneys to provide advice and legal counsel leading up to the application and to shepherd the application through the Trademark […]

The first sale doctrine is a defense to trademark infringement. In the US, federal trademarks are governed by the Lanham Act. The Lanham Act prohibits unauthorized persons or entities from using a registered trademark “in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with […]

A few years ago, a company called VIP Products, Inc. (“VIP”) created and began selling a plastic squeaky dog chew toy in the shape of a whiskey bottle meant to parody a Jack Daniel’s whiskey bottle. In general, VIP sells a whole line of squeaky dog toys called “Silly Squeakers” VIP sold over a million […]

Joint ownership of trademarks is allowed under trademark law here in the US. However, there are some complex legal issues that should be considered before embarking on joint trademark ownership. It may be more advisable to create a joint venture or a corporate entity to hold title to the Certificate of Registration for the trademark(s). […]