Over the past two weeks, we have highlighted six tips based on questions we are most frequently asked. This week we wrap up our three-part series and discuss issues like how to properly use and enforce trademark rights. If we didn’t answer your most frequently asked question, please visit our FAQs on our website or contact us for more information. …
#COVFEFE Does Not Function as a Trademark
Who can forget when President Trump made this tweet: “Despite the constant negative press covfefe”? No one knew what it meant, and the tweet became instantly infamous. That same day, May 31, 2017, an enterprising trademark applicant, filed a U.S. trademark application for #COVFEFE in Class 25 for hats; T-shirts, and other clothing items; however, last week the Trademark Trial …
Top 10 Trademark Questions Answered – Part 2 of 3
Last week we highlighted the first two (of 10) trademark tips based on questions we are most often asked. If you missed that post, you can read it here. This week we share four more tips focused on the application process to help businesses of all kinds be successful business owners. If you need help with a trademark matter or …
Top 10 Trademark Questions Answered – Part 1 of 3
This year, resolve to protect your intellectual property assets. Did you know that of all the branches of intellectual property, trademark rights have no fixed term and can be protected indefinitely as long as they are used in interstate commerce? This makes trademarks more valuable than patents or copyrights both of which have fixed terms. In this three-part series, we …
Who Owns Your Trademark?
The answer is not as simple as you might think. Ownership is a threshold issue at the USPTO and yet many applicants get this wrong on their application. If the application is filed in the name of the wrong trademark owner, it may result in your trademark being worth less than the piece of paper it is printed on. Here, …
What Is an Office Action?
If you recently filed a trademark application with the USPTO in the past four months, you may have received an Office Action in response to your application. What is an Office Action? In its simplest form, an Office Action is a letter from the USPTO addressing any and all informalities with the application. These can range from very simple procedural …
What is the difference between my Company Name and my Trademarks?
Recently, I’ve been encountering a lot of confusion among business owners as to the difference between their company name (what is registered with the Secretary of State’s Office) and their trademark or brand name. This can be especially confusing if your company name and your trademark are essentially the same, except for the corporate identity descriptor at the end (for …
The Importance of Trademark Searching
Congratulations! You’ve decided on a new name for your new company or brand. How exciting! Before you apply for federal trademark protection, it’s important to conduct some type of trademark searching. But what kind? Trademark Searching Many clients tell me they have already conducted a search of the USPTO records; however, this only provides part of the story. When we …
U.S. Supreme Court Strikes Down Trademark Disparagement Clause as Unconstitutional
On June 19, 2017, a unanimous U.S. Supreme Court (Judge Gorsuch did not participate in the hearing or decision) held that the U.S. Patent and Trademark Office (PTO) could no longer refuse federal registration of “disparaging trademarks” holding that the “disparagement clause” of the Federal Trademark Act (also known as the Lanham Act) violates the Free Speech Clause of the First …
Singing the Surname Blues
Last month, the Trademark Trial and Appeal Board (“TTAB” or “Board”) issued a precedential decision, affirming the Trademark Office’s refusal of registration for BELUSHI’S for “travel reservations” and related services and “hotel…restaurant and catering services” and related services” on grounds that the mark is “primarily merely a surname.” Although the Board admitted in this case the surname is rare, it …