Tag: registration
What Can You Trademark? The Scope and Limits of Trademark Law
You’ve got the next big idea for an online business. The idea that’s going to spark a revolution and change lives. The only problem? Protecting your idea. That’s where a trademark can help. But if you’re still wondering, “What can you trademark, anyway?” you may not have the first clue where to begin. Here, we’re… READ MORE
How to Claim a Domain Name and Secure Your Website URL
How to Claim a Domain Name and Secure Your Website URL Did you come up with your company name and are working on your website? Reserve your name before someone else takes it! Here’s how to claim a domain name and how to secure it. Coming up with a domain name for your website can… READ MORE
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 for opposition proceedings ONLY post-grant of… READ MORE
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 to shroud in secrecy various aspects… READ MORE
Intent to Use Trademark Applications: 7 Factors to Consider
As we discussed here, section 1(b) of the Lanham Act allows a person to file a trademark application prior to using the mark in commerce. 15 U.S.C. § 1051(b)(1). To do so, an applicant must have a bona fide intent to use the trademark in commerce, and, as discussed previously, we typically advise that our… READ MORE
Copyrighting Design Elements of a “Useful Item”: Lessons From Star Athletica
In general, no copyright protection is available for the design of something that is “useful.” “Useful” is defined by the Copyright Act as something with “an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.” 17 U.S.C. § 101. For example, the designs for claw or… READ MORE
Trademark’s First Use in Commerce
Registering a trademark may seem like a daunting task, but it isn’t. However, the confusion usually arises when you are trying to determine “first use”. The first time you used your trademark could, but is probably not, the correct date to use as the “first use in commerce” date in the trademark application. That is… READ MORE