Category: Trademark

Yes and no. In terms of “yes,” for very specific word usage, a “trademark” refers to a word, logo, design, mark, or something similar that is used with a product — a physical thing. By contrast, a “service mark” is a word, logo, design, symbol, or something similar used with a service — a non-physical […]

As recently reported — see Reuters media report here — the Trademark Trial and Appeal Board of the U.S. Trademark Office office has canceled the trademark registrations for a set of “SUPER HERO” trademarks, at least one of which dates to the mid-1960s. According to the media reports, these trademarks are jointly owned by the […]

Trademark creation and use are both essential for the success of modern businesses. Trademarks are logos, words, phrases, designs, marks, and other things that consumers use to identify a business as the commercial source for goods or services. Trademarks are generally registered and can be valid for as long as the trademark is being used […]

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 […]