Trademark scams- Be careful! Once you have filed an application to register your trademark (TM) with the USPTO, you might start to receive some unusual letters and emails. Unfortunately, the world being what it is, having your information on the USPTO website as a Trademark applicant (or owner of a registered TM) may lead to many opportunities to be scammed coming your way. Here are the big three, in my experience: The Registration scam: This one preys especially egregiously on the presumed lack of knowledge of new trademark applicants or owners of new registrations. It arrives in the form of a letter, via USPS. Its appearance is that of an official government correspondence. It usually will include some paragraphs in small font size which may include legal jargon, but somewhere on the page will be the pitch: You can register...
Read MoreWhat should you do if you receive one of those jarring letters asserting you are infringing someone else’s trademark and you better stop now or else? First of all, don’t ignore the letter and second of all, don’t panic. Very often these matters can be resolved amicably without things getting terribly ugly. The important thing is to make a considered response. Don’t read the letter, get upset and immediately dash off an email or pick up the phone and call the party who sent the letter. You need to consider your options with a cool head. There are various types of cease desist letters you may potentially receive. The letter may make a strong case that your use of your trademark infringes the rights of the party sending you the letter, backed up with citations to law and facts that...
Read MoreI have never been prouder to be a New Yorker. I was born in New York City, grew up in NYC and feel a powerful connection to the city and the entire state. When I applied to law school, I limited my applications to those institutions in the Metro New York area, because I knew I wanted to stay and practice law here. I also went to college in New York City. I just happen to know that this area is my place in the universe. It’s where I belong. Any why not? Where else in the world is there the openness to new ideas and different peoples, the legendary entrepreneurial energy, the if-you-can-make-it-there-you-can-make-it-anywhere spirit and up-all-night attitude that puts New York in a league of its own? It’s without a doubt a very special place and I feel so...
Read MoreBefore Entering Into A Licensing AgreementTrademark LicensingProtect Your Trademark Rights Interested In Licensing your Trademark? Call (914) 723-0394 Protect Your Trademark RightsReview Your Licensing Agreement Protect your trademark rights by having us review your licensing agreement and proceed with confidence! If you find yourself in the position to license your trademark, there are certain considerations you need to bear in mind. From a business standpoint you need to be able to articulate the necessary terms of the license that will make sense for both you and your licensee. From a trademark rights standpoint, you need to make sure that your trademark rights are not endangered by the terms of your license agreement or the subsequent conduct engaged in by the parties. In trademark litigation, license agreements are frequently the subject of discovery requests. One reason for this is because a...
Read MoreNow that your trademark is registered, you’ll need to safeguard your valuable asset. There are a few things you should do: Subscribe To Trademark Monitoring & Docketing Service The most popular trademark monitoring subscription is the pending application watch, which designed to notify you when another party is trying to register a trademark that may be too similar to yours. This subscription also includes a docketing service to alert you of upcoming filing deadlines so that you do not lose your trademark registration because of failure to make a mandatory post-registration filing. Some trademark owners may need more extensive monitoring, for example, common law trademark watching. Our trademark monitoring subscriptions can be tailored to your needs. Usage Review To maintain your trademark rights and maximize the value of your trademark you need to use your trademark correctly. We can help...
Read MoreKeep Your Trademark SafeHow To Protect Your Trademark Trademark Watching Options Ready To Protect Your Trademark? Call (914) 723-0394 Protect Your Trademark Select & Adopt A Strong, Inherently Registrable Trademark In today’s interconnected world, just registering your trademark with the USPTO may not be enough to ensure protection of your brand. You should consider taking additional steps to ensure your brand’s protection and prevent it from being hijacked by other parties. The first step is to select and adopt a strong, inherently registrable trademark. This means a mark that is not merely descriptive of your goods or services. You should select, clear, adopt and register a mark that is suggestive, arbitrary or fanciful. The Uniqueness Of Your Mark Matters Your mark should not only represent your goods or services but also should be suggestive, arbitrary or fanciful. Apply For Trademark...
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