AN OVERVIEW OF USPTO OFFICE ACTIONS Approximately three months after the moment when you file your trademark application and pay your fee, you may receive an email advising you that an office action has been assigned to your application. An office action is the USPTO’s way of informing applicants that there is a problem (or problems) with the application.…
If you run a business, then this probably isn’t the first time that you’ve heard about trademarks. Maybe you already have registered marks, or have run into some issues in trying to register one. Although getting your trademark registered is, theoretically, a straightforward process, there are many reasons why it is essential to have a…
Registering your trademark isn’t enough to maintain the benefits of IP protections. If you don’t want to lose control of your trademark, you must consistently police it and search for possible infringement. Every business should have a written policy and protocol for finding and responding to trademark infringement. Let’s take a look at a few…
As the world has grown smaller due to the internet and fast international travel, counterfeiting has become a widespread issue. What was once mostly a major concern for clothing retailers and designers, counterfeiting has become a major issue for almost every industry that creates any type of product. More than 100 million counterfeit products are…
Trademarks are any symbols and/or words legally registered or established to represent a product, service, or company. For businesses, a strong trademark is a powerful tool for creating a solid brand which stands out from other companies. But if you want to get the most out of your trademark, you will need to understand how…
The Kardashian sisters recently won a large trademark infringement case that they filed against Haven Beauty and its principal investor, Hillair Capital Management. Haven Beauty was licensing the trademarked Kardashian name to sell the Kardashian Beauty line of cosmetics. The Kardashians accused Haven Beauty of failing to pay required royalties and launching new products without…
If you thought you could use the Olympic logo in your marketing campaign, think again. The United States Olympic Committee (USOC) and the International Olympic Committee (IOC) are cracking down on U.S. companies’ use of the Olympic trademark. They are specifically targeting companies and brands, including tweets or blog posts about anything Olympics-related (even this…
Choosing your business name is more than the relatively narrow exercise of deciding what “fits” and developing a brand off of it. Instead, you must include a broad search on where your brand fits with other business brands, or you could be sued for using their trademarks. Recent business name trademark disputes found in the media include: Sol…
If you search trademark disputes often, as I do, you will notice the beer industry popping up in headlines on a regular basis. I think one reason this industry is so prone to trademark issues is the cyclical nature of the business. Brewers are pressured to introduce new seasonal products on a regular basis, and…
In a continuation of our recent posts on intellectual property disputes that span a variety of industries, we bring you yet another dispute from the chocolate industry. Chocolate and candy-maker Nestle has attempted to trademark its iconic “four-fingered” Kit Kat bar shape in Europe, but a British court has said no.