The USPTO has established ex parte expungement and reexamination proceedings for cancellation of a registration, in whole or in part, when the required use in commerce of the registered mark has not been made. This is big news, because it creates an entirely new option for trademark applicants whose applications for registration have been refused under Section 2(d), (likelihood of confusion) with a prior registered mark. As an attorney practicing...
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If you know early on that you intend to expand into foreign markets, it is wise to try to secure your rights in those markets as early as possible. One way to do this is to file an application for International Registration under the Madrid Protocol, an international trademark registration regime administered by the World Intellectual Property Organization. Again, to be prudent, you would want to conduct trademark searches in...
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Famous trademarks enjoy a broad scope of legal protection because they are more likely to be associated and remembered in the public's mind, also known as brand awareness. Start-ups and entrepreneurs do not have same level of legal protection as giants with famous brands. But it’s not all smooth sailing for those famous brands either. World-famous brands like Nike, for example, are constantly engaged in legal efforts to protect their...
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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...
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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...
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More 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...
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How 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...
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Entrepreneurs 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...
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On 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...
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What 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...
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