Prior to filing a trademark, there are no legal requirements that a comprehensive search be conducted. In fact, there are many cheap ways to obtain a federally registered trademark including doing it yourself, through a service like LegalZoom, or any number of other law firms that will prosecute trademarks without a search and then upsell…
Copyright protects original works of art. Logos generally are copyrightable if they are original. Companies can register copyright with the US Copyright Office and armed with the registration certificate can enforce against infringement. Almost all of my clients (and us) use outside designers to create our logos and other marketing collateral. Although I personally have…
Trademark law is an extremely complicated topic for business owners, but it’s also one of the most essential parts of protecting your business branding efforts and your intellectual property. Trademarking your name or logo ensures that consumers aren’t confused by deceivingly similar designs, allowing you to safeguard your brand and image. However, one issue continues…
If you’re trying to set your business apart from its competitors and prevent other companies from using phrases or symbols that define your company, a federal trademark could be a viable solution. The United States Patent and Trademark Office maintains a database of existing trademarks to ensure that parties don’t apply for already-trademarked slogans. Before…
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…