Category: Trademark

Broadly speaking, a trademark is a specific “thing” and also a set of legal rights. As a “thing,” a trademark is something in particular — like words, marks, color, a design/logo — that is used as an indication of the commercial source of goods or services. By definition, trademarks do not exist “free-floating” out there […]

To register a trademark, an application for registration must be filed with the U.S. Patent and Trademark Office (“USPTO”). When an application is filed and the filing fees paid, at that time, the USPTO assigns a unique number to the application. This is the trademark’s “serial number.” If you need legal assistance with a trademark […]

A trademark is something like words, phrases, logos, designs, marks, etc., that are placed on a product or used in advertising/marketing that identify your company as the commercial source of the goods or services. Trademarks are intangible property — that is, intellectual property. As property, trademarks are protected by statutory law and by Anglo-American common […]

In some circumstances, the U.S. Patent and Trademark Office requires that a person seeking to trademark a business name have a lawyer. The USPTO is the agency that handles the filing of trademarks. This is more accurately called the “registration” of trademarks. Mostly, the circumstances where a lawyer is required involve an owner of a […]

Basically, lawyer trademarking is hiring a trademark lawyer to obtain your trademark registration, while self-trademarking is doing it yourself. In practice, however, it is much more complicated than that, and there is a large difference between hiring a trademark law firm and self-trademarking. Note that there is no legal requirement that you hire a top-rated […]

A trademark is a mark, design, logo, word, phrase, or something similar that identifies the commercial source of a product or service. This identification is the minds of the relevant consuming public. Trademarks are a form of intellectual property, and like other forms of property, a trademark can be sold or transferred. Trademarks can also […]

Intellectual property (IP) is an essential asset for businesses and individuals who create original works, such as inventions, literary and artistic works, symbols, and designs. It is important to protect these creations from being copied or stolen by others, and this is where an intellectual property attorney comes in. If you are wondering, “Should I […]

Like any valuable business asset, patents, trademarks and copyrights can be sold, assigned and licensed. Indeed, assignment and licensing is common with respect to intellectual property. In legal terms, an “assignment” is a transfer of ownership, either full ownership or partial. In basic terms, a nunc pro tunc is a type of assignment that is […]

If you’re running a business, you probably already know that trademarks are essential to protecting your brand. A trademark is a symbol, design, or word that identifies and distinguishes your goods and services from those of your competitors. Trademarks can be registered with the United States Patent and Trademark Office (USPTO) and offer legal protection […]

Generally, the answer is no. Most trademark infringement cases are based on federal trademark laws and are filed in federal courts. There are federal courts in every state. While it is true that lawyers are generally licensed to practice law in the state where they live, attorneys that handle cases based on federal law can […]