Tag: trademarks
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 trademark system in the United States…. READ MORE
Chinese Trademark Registration and Unexpected Liabilities: Don’t Get Hustled
In the United States (U.S.), trademark law is, for the most part, supposed to protect consumers. With this purpose in mind, it makes sense that trademark rights arise as soon as you start using a trademark in commerce in a manner that causes your consumers to view the mark as a source indicator. We refer… READ MORE
What is Contributory Trademark Infringement?
How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark infringement and unfair competition, but the case will inevitably deal with the legal doctrine of contributory trademark infringement. Facts of… READ MORE
Trademarking a Scent: Hasbro Not Succeeding Yet
It was reported back in March 2017 that Hasbro, Inc., submitted an application to trademark the distinctive scent of Play-Doh, the Hasbro-owned toy modeling clay that we all probably remember playing with as children. Hasbro describes Play-Doh’s smell as “a unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight… READ MORE
5 Reasons for Trademark Refusal
The US Patent and Trademark Office will not register a trademark unless it functions as a mark (see 15 U.S.C. §§1051, 1052, 1053, 1127). To do so, the mark must serve as an indicator of the source of the goods, identifying and distinguishing them from other goods and services. This points to the need for a… READ MORE
Do I Need To Trademark Under State Law?
Many are familiar with trademark registration under federal law. Some may not know that trademark registration is also available under state laws. In general, registering a trademark under state law is unnecessary, but there are some circumstances in which state trademark registration has value – when federal registration is not allowed and when your trademark… READ MORE
International Trademark Classes: The Nice Agreement
What is the Nice Agreement and what are international trademark classes? Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications, including international trademark classes, and many different filing bases. Given the importance of a brand… READ MORE
The Detroit Red Wings’ Trademark Case Against Right Wing “Identitarians”
It is difficult not to talk about the absolute tragedy, disaster, or other-worldliness of the events in Charlottesville, VA. Plenty of smart people have weighed in on its implications and our President’s response. I won’t add to that dialogue. I am here to talk about Charlottesville and…trademark law. As a Michigander, I was shocked to… READ MORE
Cannabis Trademark Opposition: A Fanciful Counterfactual Illustration
Parties file oppositions against pending trademark applications for a wide variety of reasons. Often, a party filing an opposition or requesting an extension of time to do so will contact the Applicant before filing or at the same time. Whether an opposition is expected or not, there are often win-win scenarios that savvy parties can… READ MORE
Managing an International Trademark Portfolio
Because trademark protection is territorial in nature, managing an international trademark portfolio is complex. Your company may have one trademark or hundreds, in either case you need experienced and skilled trademark legal counsel who will help you prioritize and protect your portfolio. The general issues for managing any trademark portfolio are: Creation (or discovery) of… READ MORE