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Software & App Trademarks

THE GOOD, THE BAD and THE (very) UGLY

By Hiring A Trademark Attorney
If you answer NO to any of the following three questions, your trademark business knowledge is not up to par. Did you know that if you don’t clear your trademark properly it can become a serious liability? Did you know that if you choose a descriptive trademark, it may be very weak and difficult to enforce? And did you also know that if you select a strong trademark and clear it properly it can become a very valuable business asset? Let’s get into the meat and potatoes of these concepts... 1. Failure to Properly Search and Clear your Trademark Can Lead to Serious Liability: How can a trademark become a serious liability? If you use a trademark that is likely to cause confusion with another party’s prior registered or prior-established common law trademark, they can sue you for infringement.  At...
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Beware of digital images

By Hiring A Trademark Attorney
Everybody these days has a web site. If your business does not have a website, people will question whether you have a business at all. But what you display on your website could lead to problems if you’re not very careful. This post concerns the use of images on your website, and, while the law is unsettled, it’s as treacherous as a minefield. In fact, the terrain is so hazardous that you may even be liable for merely embedding a tweet on your web site. Information for Trademark Clients We advise clients regarding how to use their trademarks on their web site so as to comport with trademark law.  The issues discussed below fall under the rubric of copyright law. But these copyright issues affect trademark owners, because websites will often include both trademarks and copyrighted material, or at least...
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How To Trademark Your App

By Hiring A Trademark Attorney
Developed A New App & Need To Get It Trademarked? Each app is like a business. And businesses need trademarks. As an app developer you need to safeguard the rights in your application's name.  Like any new trademark, it needs to be cleared prior to use. Take the right steps to protect your new app’s name. Clear it with a comprehensive trademark search; and (depending on the search results) Apply for federal registration with the USPTO When It Comes To Selecting A Trademark For Your New App, Remember The Following... Naming Your App Make sure with the countless apps out there that you come up with a unique name for your brand. This means coming up with a name that is not similar to anything currently on the market. And the name should not be descriptive of the app. For...
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