You Can’t get a Federally Registered Trademark for Weed With so many states making marijuana legal, cannabis entrepreneurs, like any other businesspersons, may want to protect their good will and brand identity by obtaining the protection of federal trademark registration. For the moment, alas, they are out of luck. In order to qualify for federal trademark registration, the trademark must be used on the goods identified in the trademark application in interstate commerce. The Trademark Act’s requirement of ‘use in commerce,’ means a ‘lawful use in commerce. In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB 1976); TMEP §907. Weed May Be Legal In Your State Although pot, Mary Jane, marijuana, or whatever moniker you prefer, may be legal under the laws of various states, it is still absolutely illegal under federal law pursuant to the Controlled Substances Act...
Read MoreMore than just a trademark- A reflection of your Company Selecting a trademark is often difficult. Your trademark needs to convey the appropriate image for your company and what you are selling. It should have a positive connotation that makes consumers feel good. It must not have any undiagnosed negative connotations, such as an unfavorable meaning in a foreign language understood by the target consumers. Ideally it should not be descriptive of your company or your products or services. Finally, it needs to be available – that is, not confusingly similar to another party’s trademark for related goods or services. So, in a nutshell, you need to put some serious thought and time into the selection of your trademark. Suppose you are in the business of selling snack foods, your target consumer demographic is young urban dwellers, and your new...
Read MoreHow they are handled and what happens if you don’t fight for your trademark? Nobody wants to get involved in litigation. It is expensive, stressful, time consuming and the outcome is always uncertain. Nonetheless, litigation is one of the risks that comes with trademark use. If you use a trademark that is confusingly similar to another party’s prior existing trademark, they might sue you for trademark infringement. Additionally, if another party adopts and begins using a trademark that is confusingly similar to your trademark, you may be forced to litigate against them in order to safeguard your rights. A trademark is a form of property, and like any other form of property there are costs involved in the upkeep of the property. For trademarks, these costs include monitoring and enforcement. Monitoring is the ongoing surveillance of the market and trademark...
Read MoreEntrepreneurs see a need in society and develop a solution to fulfil that need. The rewards can be great, both to the society and the entrepreneur. But in order for those rewards to be realized the people who can benefit from the entrepreneur’s innovation need to be made aware of it. Once they are aware of it, they need to know how to access it, whether it is a product or a service. Before they can access it, they need to remember it, especially what it is called. This is one of the most important functions of a trademark: as a way for the consumers of your product or service to store the information they will need to purchase your offering and to continue to repeatedly purchase your offerings in the future. Your trademark (also referred to below as TM)...
Read MoreOn January 2, 2021, the fees for various types of trademark (also referred to as TM) filings are being increased by the United States Patent and Trademark Office. Notably, the TEAS standard filing fee is increasing from $275 to $350, and the TEAS PLUS fee is increasing from $225 to $250. Other fees, such as the fee for the Declaration of Continued Use, are increasing as well. In the grand scheme of things, this should not be a big concern to applicants. A trademark is a valuable piece of intellectual property, that if properly maintained can increase in value as time goes by. The small additional expenses necessitated by these increased USPTO filing fees are not something that any serious entrepreneur or established business owner would consider an impediment to federal registration of their trademarks. In the United States, we...
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 MoreWith the move to digital meetings and virtually every aspect of life online, we are pleased to let our clients know they can still consult with us face to face. If you have questions about your U.S. trademark or a new trademark you are considering using or applying to register in the United States, you can talk to us. You can have a tele-consult by telephone or video conference. And it doesn’t matter whether you are in New York or Texas, Singapore or Sydney, London or Hong Kong or anywhere in between. As long as you have a phone or an internet connection, we’re here to consult with you about your U.S. trademark questions, United States Patent and Trademark applications and trademark registrations. When it comes to searching and applying to register trademarks with the USPTO, we can help you...
Read MoreSo, you have a new trademark and you've just applied to register it in the United States. But the USA is just the beginning. You have a big vision. You plan to take your brand global. The question arises: in which countries is it most urgent for you to apply for trademark registration? First Factor: Which are Your Most Important Global Markets? You can't begin to decide in which countries to apply for registration of your mark until you know which countries you want to provide your goods or services in. But once you have that figured out, it's time to strategize. In which countries is registration most important? The answer depends, at least in part, on the legal system of each country. Trademark rights in the USA are determined by common law, which is derived originally from England. Under...
Read MoreCanada has acceded to the international trademark system administered by the World Intellectual Property Organization (WIPO). This means that Canada is now a party to the Madrid Protocol, an international trademark treaty designed to harmonize and streamline international registration of trademarks. The Madrid Protocol will enter into force for Canada on June 17, 2019. This is big news, and not just for Canadian trademark owners. It's also very important for U.S. trademark owners, because it makes it much simpler to include Canada in your trademark registration plans. How Does this Affect U.S. Trademark Owners? As of June 17, 2019, it will be possible to conduct your U.S. trademark search with an added Canadian search. Then, based on the results, you can simultaneously apply to register your trademark in the United States and Canada. Given the cultural affinities and integration of...
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