Trademark

Chili Crunch

Policing trademarks is as important as registering them.  Policing requires that you monitor the world of commerce to ensure that others are not using your marks — or confusingly similar marks — and, if so, that you take immediate action against the infringers. There is little point in owning a trademark if you are willing to […]

TM is for Trademarks

In our experience, trademark applicants are often confused about the specimen requirements submitted with a trademark application involving goods (as opposed to services).  The specimen is used to prove “use in commerce.” Use in commerce under the Lanham Act is deemed to be when the mark is “placed in any manner on the goods or […]

Policing your trademarks is as important as registering them.  Policing requires that the trademark and other rights owners monitor the world of commerce to ensure that others are not stealing their intellectual property and, if so, take immediate action against infringers.  Many corporations zealously defend their trademark portfolios. Here’s but one example. In a recent article at Wired.com, The […]

It is surprising how many trademark applicants file their applications without having performed a search to see whether their proposed trademark is even registrable. If you fall into this category, here is some guidance. Once you have created a list of potential trademarks, you have to ensure that no one else has registered the mark […]

halloween costumes

As the days grow shorter, it seems that the shorter people  (we call them “kids”) start to want costumes and large bags the size of small dump trucks into which kindly neighbors intent on supporting the local dental association will deposit “treats.”  You may have noticed that some costumes (for example, independent small-business marine entrepreneurs, […]

Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs […]

Hi-Tech Pharmaceuticals

Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of whether the company name is being used as a trademark. So, what is the difference? To put it simply, a trade name under section 45 of the […]

trader joes and the lanham act

If you thought that you were immune from prosecution for infringing a U.S. registered trademark in a foreign country, be forewarned. In late 2011, Michael Norman Hallatt, a Canadian citizen and U.S. Lawful Permanent Resident, began visiting a Bellingham, Washington Trader Joe’s (“TJ’s”) store several times a week to buy large quantities of Trader Joe’s […]

light bulb - first time inventors

Trademarks and First-Time Inventors Understandably, the solo inventor wants to focus on her invention.  Does it work as designed?  Who shall I hire to create a prototype? Where shall it be manufactured?  How and when shall it be protected by patent? Can I afford it? These are important concerns but they should not be the […]