Category: Trademark

Trademarks are logos, phrases, words, marks, designs, and other things that are placed on products, websites, advertising, etc., that identify a commercial source for goods or services. Current marketing lingo speaks in terms of “branding,” and, in essence, branding is all about trademarking. In turn, trademarking begins with getting the trademark registered either at the […]

Trademarking is an essential component of modern branding strategies. Put another way, “branding” is about trademarking. One key aspect of branding is the consistent use of a brand/trademark across social media platforms (like TikTok, Instagram, YouTube, X, personal websites, and more). Influencers spend enormous effort using a unique brand name or concept across multiple platforms. […]

Generally, the answer is no. Registering a trademark in the United States does not mean that your trademark is registered in foreign countries. Foreign countries do not recognize U.S. registrations and require that trademarks be registered under their trademark laws and procedures. That being said, in some countries like the United Kingdom, Canada, Australia and […]

If you or your business has filed an application with the United States Patent and Trademark Office (“USPTO”) to register a trademark, at some point in the review process, you might receive an “Office Action” from the examining attorney. An “office action” sounds mysterious, but an office action is simply a formal communication — a […]

Yes, although there are nuances and a plan of action may be needed. To more specifically evaluate this question, focus must turn, first, to whether the products and services at issue are, in fact, being provided “only locally.” If products or services are, indeed, being provided only locally, then the focus must turn to how […]

As reported by AP News, the federal Drug Enforcement Administration (“DEA”) will begin a rulemaking process that is intended to reclassify cannabis — marijuana — as a Schedule III drug under the Controlled Substances Act. Cannabis is currently scheduled as a Schedule I drug. Schedule I drugs are deemed the most dangerous drugs and, presumably, […]

When attempting to register a Trademark with the U.S. Patent and Trademark Office (“USPTO”), there are many legal requirements that must be satisfied for the registration to be successful. Some are very broad, and some are very narrow. As examples of broad requirements, the proposed trademark must actually function as a trademark, must be unique […]

A “trade name” is generally defined as the name under which a business operates. A trademark, on the other hand, is a word, phrase, symbol, logo, or other visual or audio device that identifies the commercial source of goods or services. Because so many businesses trademark their trade names, there is a significant overlap between […]

Trademarks are valuable business assets that drive sales, create consumer loyalty that drives repeat business, and allow businesses to easily expand into new markets, niches, platforms, and products. Just like traditional businesses, e-commerce businesses need trademarks, and it is beneficial to hire trademark lawyers who also have deep knowledge and understanding of the e-commerce “space” […]

In the U.S., at the federal level, the Lanham Act is the main statute that governs trademark rights. Among the most important trademark rights that are protected is the right to exclusive use. That is, the Lanham Act prohibits infringement of a valid trademark by others. There has long been a legal debate about the […]