Deceptive Trademarks

People run into this, run into awkward situations where a mark is either originally was deceptive, misleading, or scandalous, or it just so happens that somebody makes a slang word out of their mark and suddenly what was an innocent mark suddenly becomes known as something that’s not acceptably socially. That way is another way Read More

Generic Trademarks

Your product is now known as the generic version of the goods. And the best example we’re going to use, I don’t know if most of you remember in the seventies, you did not say, “I want to get a copy of this made.” You would say, “can you get me a Xerox?” Well, Xerox Read More

Filing an International Trademark

Client comes in, he has his U.S. trademark he’s received or at least he’s filed for it, and now he wishes to file that trademark internationally. He asks me, what is the best way for me to get protection in the following eight foreign countries? I say, you have two options. You can take your Read More

The Madrid Protocol

If I go with what is called the Madrid Protocol, I present my U.S. trademark, present it to Madrid, they go ahead, they make an international registration. Now the international registration, it means they review the form, make sure it qualifies as far as physically what’s in the application, that all the components are there. Read More

Trademark Likelihood of Confusion

The concept of Trademark Likelihood of Confusion is fundamental in the world of intellectual property law. Essentially, it refers to the risk that consumers may confuse one trademark with another due to similarities in appearance. Sound, meaning, or overall impression. This confusion can lead to a variety of negative outcomes, including loss of business, dilution Read More

Supplemental Register

Ideally, your trademark is a unique word or design. But what are your options if the mark is descriptive or contains geographic terms? This is where the Supplemental Register may be an option. The Supplemental Register serves as a gateway for trademarks not yet eligible for the Principal Register’s full protection. It offers valuable benefits Read More

What Makes a Strong Trademark?

A trademark can be any word, phrase, symbol, design, color, or combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors. It should be easy to speak and spell. It should be easy to remember. It should not be too lengthy Read More

How do I Register My Trademark?

Many people ask, “what are the information items I need to provide to my attorney in order to file a trademark application?” These items include the name of the mark you wish to protect, the goods or services sold under the mark, the name, address, and citizenship of the owner of the mark. Next, we Read More

What can I do if Someone is Using My Trademark?

You discover that someone is using your trademark in commerce on goods that are not yours. What can you do and what are your common options for preventing others from continuing to abuse your trademark? Most popular are cease and desist letters. These are letters where we inform the bad actor of your trademark rights Read More