All posts by: Adam Garson

About Adam Garson

We wrote in last month’s newsletter that filing trademark applications in foreign jurisdictions may have a strategic benefit to large companies in the United States, particularly for companies that desire to mask product development plans from the public eye while maintaining the priority date of an earlier foreign filing. Known as a “submarine” trademark, the key […]

*Originally posted on October 31, 2011 Did you know that a trademark may be refused registration because it is deceptive? Yes, indeed, the “deceptively misdescriptive” doctrine is an interesting — if not tongue-twisting — principle of trademark law, which occasionally rears its head. Here’s how it works in a real-life case. Retail Brand Alliance, Inc. […]

*Originally posted on October 30, 2015 Looking for simplified guides to filing trademark applications on the state and federal level? LWH comes to the rescue.   We have published two guides: Six Steps for Registering a Federal Trademark; and Five Steps for Registering a Trademark in Pennsylvania. — Adam G. Garson, Esq.

 In the United States, trademark applications are public disclosures from which you can learn some very important competitive information. A trademark application will reveal: 1. The identity of the owner of the trademark, and2. the nature of the goods and services to be identified by the trademark A U.S. filed trademark application is, in effect, a […]

*Originally posted on March 30, 2015 Trademark law in the United States is all about “use.”  When you’re using your trademark it is accumulating goodwill and you are exercising your trademark rights.  Absent “use,” your trademark rights dwindle and the trademark itself is subject to abandonment. This is an important principle, particularly, when you are […]

*Originally posted on February 28, 2011 By now you may have heard that Sarah Palin and Bristol Palin have each filed applications in the United States Patent and Trademark Office (“PTO”) to register their individual names as federal trademarks. Sarah identified her services as “information about political issues… Educational and entertainment services, namely providing motivational […]

Trademark law is deceptively simple, but there are traps for the unwary. One of those traps is the doctrine of “related products“. Here’s how this works. Let’s say you have chosen what you believe to be a distinctive trademark for fruit juice. Let’s call it AWESOME BEV. So, you properly performed a trademark clearance search. You find that no one […]