Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

A court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar factors to assess confusion. The court will analyze and weigh each factor toA court will apply the “likelihood of confusion” test in a trademark infringement suit. This is actually an umbrella term for several tests employed by the various federal circuits. However, most courts use a group of similar factors to assess confusion. The court will analyze and weigh each factor to

Naming your Business, Naming your Baby

As a trademark attorney I often try to come up with good ways to explain the intricacies of the law to my clients. Whenever I work with a new trademark client we discuss ideas for naming their business and potential problems they might have in using a trademark and obtainingAs a trademark attorney I often try to come up with good ways to explain the intricacies of the law to my clients. Whenever I work with a new trademark client we discuss ideas for naming their business and potential problems they might have in using a trademark and obtaining

10 reasons to trademark

10 Reasons Why You Should Register Your Trademark

Most business owners know it is important to register a trademark to uniquely identify their products and services in a crowded marketplace. A protected trademark sets you apart from the competition, helps drive traffic and sales, keeps customers loyal to a brand, and can influence consumer purchasing decisions. But waitMost business owners know it is important to register a trademark to uniquely identify their products and services in a crowded marketplace. A protected trademark sets you apart from the competition, helps drive traffic and sales, keeps customers loyal to a brand, and can influence consumer purchasing decisions. But wait

automated trademark registration

Trademark Applications: Think Twice About Automated Registration

Properly cared for, your trademark can develop into the most valuable asset you own. At a gathering of staff from several Coca-Cola bottling plants, a senior executive reportedly declared that “the company could lose all its plants, lose all its staff, lose its access to the sources of its rawProperly cared for, your trademark can develop into the most valuable asset you own. At a gathering of staff from several Coca-Cola bottling plants, a senior executive reportedly declared that “the company could lose all its plants, lose all its staff, lose its access to the sources of its raw

How Strong is Your Trademark? 5 Levels of Distinctiveness [Infographic]

Picking a mark to represent your brand can be one of the most important decisions you make. Think about the brands we see everyday. Apple. Coca Cola. Microsoft. These are immediately identifiable both with the company and the products they produce. Just how strong is your trademark? On one endPicking a mark to represent your brand can be one of the most important decisions you make. Think about the brands we see everyday. Apple. Coca Cola. Microsoft. These are immediately identifiable both with the company and the products they produce. Just how strong is your trademark? On one end

post-registration opposition

International Trademark Law: Thoughts on Japan’s Post-Registration Opposition Proceedings

Most nations with fully-developed trademark legal frameworks allow for opposition proceedings with regard to newly filed applications for trademarks. Most jurisdictions, like the United States, provide that opposition proceedings shall occur during the registration process, prior to issuance of the relevant Certificate of Registration. However, about 10 jurisdictions allow forMost nations with fully-developed trademark legal frameworks allow for opposition proceedings with regard to newly filed applications for trademarks. Most jurisdictions, like the United States, provide that opposition proceedings shall occur during the registration process, prior to issuance of the relevant Certificate of Registration. However, about 10 jurisdictions allow for

trademark priority

Trademark Priority: Risks of Too Much Secrecy and “Use in Commerce”

Trademark protection in the United States is based on “use in commerce.” Sometimes, competing businesses arrive at the same branding concept at about the same time, raising questions of trademark priority. With respect to trademark priority, as discussed below, too much secrecy can be risky. Many businesses legitimately want toTrademark protection in the United States is based on “use in commerce.” Sometimes, competing businesses arrive at the same branding concept at about the same time, raising questions of trademark priority. With respect to trademark priority, as discussed below, too much secrecy can be risky. Many businesses legitimately want to

Lessons in Trademarking Trade Dress: Apple vs. Samsung

Lessons in Trademarking Trade Dress The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work. See news article here. Apple vs. Samsung: Design Patents and Trademarks for Apple’sLessons in Trademarking Trade Dress The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work. See news article here. Apple vs. Samsung: Design Patents and Trademarks for Apple’s

chinese trademark registration

Trademarks in China: Some Similarities, Many Large Differences

We wrote recently about registering trademarks in China and the importance of not getting “hustled” by trademark squatters. See here. This is a follow-up article proving some additional information on the China system of registering trademarks. There a some similarities and large differences between the China system and the trademarkWe wrote recently about registering trademarks in China and the importance of not getting “hustled” by trademark squatters. See here. This is a follow-up article proving some additional information on the China system of registering trademarks. There a some similarities and large differences between the China system and the trademark

supplemental register

What is the Trademark Supplemental Register?

Many people are aware that the Lanham Act allows you to register a trademark. Many are less familiar with the fact that there are two registers: the Principal Register and the Supplemental Register. The Supplemental Register is governed by Sections 23-28 of the Lanham Act, codified at 15 U.S.C. §§Many people are aware that the Lanham Act allows you to register a trademark. Many are less familiar with the fact that there are two registers: the Principal Register and the Supplemental Register. The Supplemental Register is governed by Sections 23-28 of the Lanham Act, codified at 15 U.S.C. §§