Category: Trademark

Intent to use trademark applications let you reserve a mark before you launch. Here are seven key factors to consider before filing an ITU application with the USPTO.

Hasbro tried to register the scent of Play-Doh as a trademark but faced significant obstacles. Here’s what the case reveals about the requirements for scent trademark registration.

The trademark battle between Smashburger and In-N-Out Burger produced seven practical lessons about protecting restaurant brands and trade dress. Here’s what brand owners should learn.

The Supreme Court’s Star Athletica decision clarified when design elements of useful articles can be copyrighted. Here’s what the ruling means for fashion and product designers.

Trademark genericide happens when a brand name becomes so common it loses legal protection. Here’s how brand owners can prevent genericide and maintain their trademark rights.

The Defend Trade Secrets Act created a federal cause of action for trade secret misappropriation. Here’s how to protect your trade secrets and what remedies federal law provides.

The USPTO refuses trademark applications for predictable reasons that applicants can often avoid. Here are five of the most common trademark refusal grounds and how to overcome them.

Trademark coexistence agreements let two parties use similar marks in defined territories or markets. Here’s how these agreements work and when they’re the right solution.

State trademark registration offers limited protection compared to federal registration. Here’s when a state trademark makes sense and what it protects versus a federal mark.

The Supreme Court’s Matal v. Tam decision struck down the disparagement clause and raised questions about other Lanham Act provisions. Here’s what other sections may be at risk.