Blog

I am often asked what kinds of trademarks should be avoided because they are not valid marks or simply difficult to obtain. First, generic or highly descriptive words can never be trademarked. For instance, you cannot trademark the word apple with regards to selling apples. All apple sellers should be allowed to use generic terms Read More

In a world saturated with brands and constant information flow, the importance of trademark monitoring cannot be overstated. Trademarks are the foundation of a company’s identity, representing quality, trust, and reputation. However, in today’s interconnected marketplace, the risk of unauthorized use, counterfeiting, or infringement is ever-present. This is where trademark monitoring steps in. Trademark monitoring Read More

In the digital age where online presence is paramount, the intricate dance between trademarks and domain names takes center stage. Trademarks are the embodiment of a brand’s essence and reputation. They serve as the anchor for consumer trust and product quality. However, the digital landscape introduces a unique challenge, domain names. These virtual addresses are Read More

Today, I’d like to emphasize the significance of trademark renewal, a pivotal step in safeguarding a brand’s integrity and legal protection. Trademarks are the essence of a company’s identity, encapsulating its reputation and values. However, their protection is not indefinite. To maintain the exclusive rights that trademarks offer, regular renewal is essential. This process involves Read More

I’m often asked by my clients “what’s a trademark?” And more specifically, they’re looking at, “how do I get a trademark? What do I need?” A trademark is either a word, a phrase, a logo, a symbol, and ironically, it can be a soundbite or even a color.

Once you pick your trademark, there’s an association you’re going to have to make. A trademark identifies and distinguishes your goods or your services. And it also shows who’s the source of those goods or services. So you pick your mark, you identify what goods or services you want to be protected. And of course, Read More

For photographers, copyright protection is paramount. First, copyright automatically applies to your photographs when you create them. This means you have the exclusive rights to reproduce, distribute, and display your work. Second, registering your photographs with the U.S. Copyright Office provides solid legal evidence of your ownership. This is crucial if you ever need to Read More

Once you decide you’ve got your mark, you’ve got your goods, you want to make sure you’re the first person in the marketplace or the only person in the marketplace with that mark. There’s no reason to have a mark which somebody else has already taken, which means you should do a trademark search.

There are multiple databases, but the main database, of course, is the federal government. You jump online, you check, you enter your mark, you enter your things that are similar to your mark. But people also forget Google. Google is an excellent place to start. It’ll catch all the major trademarks, but it’ll catch all Read More

You’re going to have to decide what territory you want your mark in. Ideally, you get a federal mark and you get the whole United States. But not all marks qualify. Let’s say I’m just a single restaurant in South Florida, in a town. In that case, I would just get a Florida mark. And Read More