New Trademark Registration Rule Requires Foreign Applicants to Retain U.S.-Licensed Attorneys
Effective Aug. 3, U.S. joins long list of nations that require local counsel In recent years, the U.S. Patent and Trademark Office has been dealing what it calls “an increasing number of foreign trademark applicants, registrants, and parties … filing inaccurate and possibly fraudulent submissions … that do not comply with U.S. trademark law or […]
Common Reasons that USPTO Rejects a Trademark Application
Claiming your distinction allows your company to stand out in the marketplace. Strong branding is essential, and trademark protection to reinforce your brand is a must. So, if you are trying to develop a distinctive trademark or service mark, it helps to know what makes a mark weak and why the U.S. Patent and Trademark […]
Trademark Application Refusals on the Grounds of Potential Confusion
The essential requirement of a trademark or service mark is that it be distinctive. When a mark lacks uniqueness, there’s a chance the public could be confused about the identity of the company behind the mark. This defeats the primary purpose of a mark: to alert the public about the source of the goods or […]
Can Young Recording Artists Avoid Taylor Swift’s “Worse Case Scenario”?
Pop star’s social media rant unlikely to force change, but is technology the answer? On June 30, Taylor Swift took to Tumblr to vent about the betrayal she felt when her former record label sold out to Scooter Braun, a powerful music agent implicated in a series of episodes Ms. Swift found humiliating and damaging […]
Why Business Owners Need Federally Protected Trademarks
In my practice, I often encounter business owners who want help with their branding, but don’t grasp the importance of federal trademark registration. They run a small business that does well locally and may expand throughout the state. Since they aren’t planning to go national, can’t they hold off on filing a federal application? That […]
Six Steps to Federal Registration of Your Company Trademark
In today’s global economy, businesses have unprecedented opportunities to expand, but must also fend off foreign competition like never before. Therefore, a strategy for success must include strong branding supported by federal trademark registration. For a small investment, you can greatly enhance your prospects for sustained growth and profitability. Here’s a brief overview of the […]
A Brief Introduction to Trademarks
Imagine having a business asset that lasts for centuries and increases in value over time. If I asked what you were thinking of, you’d probably say, “Real estate.” That’s the only possibility, isn’t it? No matter how you run your business, commercial property always increases in value, because it’s a unique asset and, as the […]
Disparaging, Immoral, and Scandalous? Oh my! Will SCOTUS Decide that Anything Goes?
When Cole Porter wrote that “Good authors, too, who once knew better words now only use four-letter words writing prose…Anything goes!” he could have been describing the current state of affairs at the U.S. Patent and Trademark Office. Since 1946, The Lanham Act has given USPTO authority to reject trademark applications that might be deemed […]